PEOPLE v. TOLBERT


214 A.D.2d 626 (1995)

625 N.Y.S.2d 259

The People of the State of New York, Respondent, v. Daryl Tolbert, Appellant

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

April 10, 1995


Ordered that the judgment is affirmed.

We reject 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. The record indicates that the defendant was present during the voir dire and that, while counsel initially informed the court of their challenges in the absence of the defendant, the challenges were in fact eventually given effect in the defendant's presence...

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