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PEOPLE v. ROMAN

217 A.D.2d 473 (1995)

630 N.Y.S.2d 58

The People of the State of New York, Respondent, v. Julio Roman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 20, 1995

Defendant claims that his right to be present was violated when the court conducted a sidebar conference with a prospective juror in his absence on October 28th. While the dissent also asserts that "[t]he record does not indicate the defendant's presence at the aforementioned sidebar conducted on October 28th", it is the burden of the defendant to provide an adequate record with respect to his absence from sidebar conferences ...

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