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PEOPLE v. ROMAN

88 N.Y.2d 18 (1996)

665 N.E.2d 1050

643 N.Y.S.2d 10

The People of the State of New York, Respondent, v. Julio Roman, Appellant. The People of the State of New York, Appellant, v. Jesus Feliciano, Respondent. The People of the State of New York, Respondent, v. Doug Starks, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Renee A. McDonald, New York City, E. Joshua Rosenkranz and Mark Gimpel for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Tami J. Aisenson and Norman Barclay of counsel), for respondent in the first above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Robin A. Forshaw and Steven J. Chananie of counsel), for appellant in the second above-entitled action.

Joseph A. Zayas, New York City, and Daniel L. Greenberg for respondent in the second above-entitled action.

Laura Rossi-Ortiz, New York City, E. Joshua Rosenkranz and Richard M. Greenberg for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart and Norman Barclay of counsel), for respondent in the third above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

These appeals present heretofore unresolved issues in the application of this Court's doctrine concerning a criminal defendant's statutory (CPL 260.20) right to be present at sidebar conferences with prospective jurors concerning their possible inability to fairly and objectively weigh the evidence in the case. In all three cases, the venire members whose sidebar conferences were not attended by the...

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