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PEOPLE v. HOWELL

2 A.D.3d 258 (2003)

769 N.Y.S.2d 233

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARON HOWELL, Appellant.

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

December 16, 2003.

There was no violation of defendant's right to be present during jury selection. The record establishes that defendant waived his right to be present at all sidebar conferences (see People v Velasquez, 1 N.Y.3d 44 [2003]), including the sidebar that immediately preceded the waiver, at which the court excused a prospective juror who had just stated in open court that he knew defendant. Moreover, the record also warrants the conclusion...

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