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PEOPLE v. BERNHARDT

223 A.D.2d 595 (1996)

636 N.Y.S.2d 820

The People of the State of New York, Respondent, v. Paul Bernhardt, Appellant

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

January 16, 1996

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find that his knowing, voluntary, and intelligent waiver of the right to be present at sidebar conferences during voir dire remained in effect after his first trial ended in a mistrial and a new trial commenced. Although a defendant has a fundamental right to be present at sidebar discussions held to determine a prospective juror's bias, hostility...

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