PEOPLE v. MARTIN


225 A.D.2d 1029 (1996)

639 N.Y.S.2d 231

The People of the State of New York, Respondent, v. Leon Martin, III, Appellant

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

March 8, 1996


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that his absence from a sidebar conference with a prospective juror requires reversal or a reconstruction hearing. The record establishes that the prospective juror was excused before trial commenced. Therefore, the absence of defendant from the sidebar conference did not have a "substantial effect on [defendant's] ability to defend against the charges" (People v Sloan...

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