PEOPLE v. SANTANA


213 A.D.2d 568 (1995)

624 N.Y.S.2d 920

The People of the State of New York, Respondent, v. Paulino Santana, Appellant

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

March 20, 1995


Ordered that the judgment is affirmed.

The defendant's contention that he was excluded from a material stage of the trial when counsel exercised their challenges to the jury outside of his presence is without merit. The record indicates that the defendant was present during the voir dire, he had an opportunity to consult with his counsel, and the challenges were given effect in his presence when the accepted jurors were sworn in open court (see, People v...

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