PEOPLE v. McCULLOUGH


254 A.D.2d 750 (1998)

679 N.Y.S.2d 227

The People of the State of New York, Respondent, v. David L. McCullough, Appellant

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

October 2, 1998


Judgment unanimously affirmed.

Memorandum:

We held this case, reserved decision and remitted the matter to Onondaga County Court for a reconstruction hearing on the issue whether defendant was present for two sidebar discussions with two prospective jurors and, if not, whether he was informed of his right to be present and validly waived that right. We also noted that preliminary issues for the court upon remittal were whether one of the two prospective jurors...

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