PEOPLE v. DAVIS


256 A.D.2d 173 (1998)

683 N.Y.S.2d 496

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN DAVIS, Appellant.

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

Decided December 17, 1998.


Defendant knowingly, intelligently and voluntarily waived his right to be present at sidebar conferences during voir dire. The court memorialized on the record the fact that defendant had already been advised of his right to be present and waived that right in an unrecorded colloquy.

We find that defendant's waiver was valid despite the fact that the court placed the waiver on the record during a sidebar from which defendant was absent, in light of the reasonable...

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