PEOPLE v. BROWN


256 A.D.2d 92 (1998)

682 N.Y.S.2d 572

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN BROWN, Appellant.

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

Decided December 10, 1998.


We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v Antommarchi (80 N.Y.2d 247, 250), to be present at certain sidebar conferences with prospective jurors. Although the waiver was conveyed by counsel, defendant was clearly aware of his right to be present, since he exercised that right by participating in other such conferences (People v Santana...

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