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PEOPLE v. DURAN

286 A.D.2d 612 (2001)

730 N.Y.S.2d 221

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO DURAN, Appellant.

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

Decided September 18, 2001.

Defendant's claim that his right to be present during jury selection was violated is unreviewable because the record does not establish defendant's exclusion from the proceeding at issue (People v Maher, 89 N.Y.2d 318, 325). On the contrary, a fair reading of the record indicates that the events at issue transpired in open court rather than at sidebar. In any event, the record establishes a valid waiver of defendant's right to be...

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