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PEOPLE v. VELASQUEZ

1 N.Y.3d 44 (2003)

801 N.E.2d 376

769 N.Y.S.2d 156

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

Court of Appeals of the State of New York.

Decided October 23, 2003.

Attorney(s) appearing for the Case

Denise A. Cors, New York City, and Lynn W.L. Fahey for appellant in the first above-entitled action.

Charles J. Hynes, District Attorney, Brooklyn (Phyllis Mintz and Leonard Joblove of counsel), for respondent in the first above-entitled action.

Office of the Appellate Defender, New York City (Melissa Rothstein, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant in the second above-entitled action.

Robert T. Johnson, District Attorney, Bronx (Andrew N. Sacher, Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent in the second above-entitled action.

Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge KAYE; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

In these appeals, we are asked to determine whether the right of defendants to be present at sidebar conferences with prospective jurors was violated. In each case, we conclude that it was not.

During jury selection in defendant Foster's robbery trial, as the record indicates, the court on February 4, 1999, informed prospective jurors that at the conclusion of its remarks, "I will step into the robing room with...

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