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PEOPLE v. MARINO

249 A.D.2d 490 (1998)

671 N.Y.S.2d 673

The People of the State of New York, Respondent, v. Michael Marino, Appellant

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

April 20, 1998

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Prior to the commencement of jury selection, and outside of the defendant's presence and hearing, the defense counsel waived the defendant's right to be present at jury voir dire sidebar conferences (see, People v Antommarchi, 80 N.Y.2d 247). The purported waiver by the defense counsel was invalid...

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