The record is insufficiently clear as to the meaning of the court's excusal of four prospective jurors "on consent", following sidebar conferences conducted in defendant's absence. Accordingly, a reconstruction hearing is required to determine, if possible, whether the parties had agreed that the prospective jurors should be excused for cause, whether the court made that determination, or whether the jurors were excused for other reasons (see, People v Childs,
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PEOPLE v. DIAZ
262 A.D.2d 255 (1999)
690 N.Y.S.2d 454
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BORYS DIAZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 29, 1999.
Decided June 29, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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