PEOPLE v. SANTANA


247 A.D.2d 201 (1998)

668 N.Y.S.2d 390

The People of the State of New York, Respondent, v. Sacary Santana, Also Known as Sucrates Santana, Appellant

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

February 3, 1998


At the beginning of voir dire, in the defendant's presence, the court engaged in a colloquy with the defense clearly delineating the defendant's right to be present at a bench conference with a prospective juror regarding any reasons the juror did not wish to sit on the case other than "medical reasons or physical problems." After that colloquy, counsel informed the court that the defendant waived his right to be present at such conferences, and the court advised counsel...

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