PEOPLE v. GOLDEN


222 A.D.2d 696 (1995)

636 N.Y.S.2d 655

The People of the State of New York, Respondent, v. Shamel Golden, Appellant

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

December 29, 1995


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The record in this case indicates that the trial court violated the defendant's right to be present during jury selection, namely, voir dire side-bars (see, People v Antommarchi, 80 N.Y.2d 247). The error was not cured by any effective waiver (see, e.g., People v Stokes, 216 A.D.2d 337)....

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