PEOPLE v. KEMPSEY


286 A.D.2d 780 (2001)

730 N.Y.S.2d 740

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY KEMPSEY, Appellant.

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

Decided September 24, 2001.


Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied his right to be present during a material stage of the trial when the Supreme Court questioned two sworn jurors in chambers in the defense counsel's presence. The record indicates that the inquiries pertained to one juror's knowledge of martial arts and the other juror's concern that some of the jury members had discussed the opening statements. The nature and scope of these...

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