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PEOPLE v. KEEN

94 N.Y.2d 533 (2000)

728 N.E.2d 979

707 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH KEEN, Appellant.

Court of Appeals of the State of New York.

Decided April 13, 2000.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Julia P. Kuan and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Carol A. Remer-Smith and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

Defendant Keith Keen was convicted following a jury trial of murder in the second degree and related charges stemming from a shooting in a nightclub in New York City.

Prior to voir dire, the trial court asked defense counsel if defendant was waiving his right to be present at sidebar:

"The Court: Mr. Levinson, before we bring them in, will you[r] client waive...

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