PEOPLE v. RODRIGUEZ


85 N.Y.2d 586 (1995)

650 N.E.2d 1293

627 N.Y.S.2d 292

The People of the State of New York, Respondent, v. Noel Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1995.


Attorney(s) appearing for the Case

Sandra Engle, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Gina M. Mignola, Phyllis A. Monroe and Joseph J. Dawson of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

On this appeal, we must decide whether defendant's presence was required at a side-bar conference held outside his earshot to determine whether his direct testimony had "opened the door" to cross-examination about the underlying facts of a prior conviction. Such questioning had been precluded pursuant to a pretrial Sandoval ruling. We conclude that the side-bar conference was not a material...

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