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PEOPLE v. HEMPHILL

229 A.D.2d 324 (1996)

645 N.Y.S.2d 297

The People of the State of New York, Respondent, v. Richard Hemphill, Appellant

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

July 11, 1996

Defendant was properly excluded from the sidebar, since in that sidebar there was "a mere preliminary advisement of the court of challenges later effectuated in open court in the presence of defendant and thus [it] did not constitute a material part of the trial" (People v Velasco, 77 N.Y.2d 469, 473). Defendant attempted to challenge an unsworn prospective juror immediately upon learning that his attorney had failed to do so, in...

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