PEOPLE v. VELASQUEZ


298 A.D.2d 608 (2002)

749 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEGUNDO JOSE VELASQUEZ, Appellant.

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

Decided October 28, 2002.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the waiver of his right to be present during sidebar discussions with prospective jurors was knowing, voluntary, and intelligent (see People v Antommarchi, 80 N.Y.2d 247).

The trial court, after directing that the voir dire panel be brought into the courtroom, stated, "Come up, counsel. While the jury is coming in, let's talk...

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