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PEOPLE v. ALLEN

1 A.D.3d 947 (2003)

767 N.Y.S.2d 717

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE ALLEN, Appellant.

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

November 21, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

We held this case, reserved decision and remitted this matter to County Court for a reconstruction hearing on the issue whether defendant was absent from sidebar conferences with prospective jurors (People v Allen, 300 A.D.2d 1098 [2002]). Contrary to the contention of defendant, he "failed to meet his...

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