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PEOPLE v. HAYES

215 A.D.2d 690 (1995)

628 N.Y.S.2d 493

The People of the State of New York, Respondent, v. Phillip Hayes, Appellant

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

May 22, 1995

Ordered that the judgment and the amended judgment are affirmed.

A defendant has a fundamental right to be present at side-bar discussions that are intended to find out a prospective juror's bias, hostility, or ability to be objective (People v Antommarchi, 80 N.Y.2d 247, 250). This right may be waived as long as the defendant waives it knowingly, voluntarily, and intelligently...

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