PEOPLE v. VARGAS


88 N.Y.2d 363 (1996)

668 N.E.2d 879

645 N.Y.S.2d 759

The People of the State of New York, Respondent, v. Evero Vargas, Appellant. The People of the State of New York, Respondent, v. Ronald Pondexter, Appellant. The People of the State of New York, Respondent, v. Kenneth Hutton, Appellant. The People of the State of New York, Respondent, v. De Andre L. Wilson, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1996.


Attorney(s) appearing for the Case

William B. Carney, New York City, and Daniel L. Greenberg for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (John F. Carroll Jr., Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for respondent in the first above-entitled action.

William B. Carney, New York City, and Daniel L. Greenberg for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Barbara Thomashower and Roseann B. MacKechnie of counsel), for respondent in the second above-entitled action.

Kannan Sundaram, New York City, and Daniel L. Greenberg for appellant in the third above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Kevin G. Dumbach and Steven J. Chananie of counsel), for respondent in the third above-entitled action.

David C. Schopp, Buffalo, Linda S. Reynolds and Barbara J. Davies for appellant in the fourth above-entitled action.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Kimberly A. Phelan and John J. DeFranks of counsel), for respondent in the fourth above-entitled action.

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


BELLACOSA, J.

A common issue in these four separate cases involves continuing controversies concerning a defendant's right to personal presence at jury selection sidebar discussions (see, CPL 260.20; People v Antommarchi, 80 N.Y.2d 247, rearg denied 81 N.Y.2d 759). In People v Vargas, People v Pondexter...

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