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PEOPLE v. FABRICIO

3 N.Y.3d 402 (2004)

820 N.E.2d 863

787 N.Y.S.2d 219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDERICK FABRICIO, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 2004.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Michael Pinard, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Patrick J. Hynes and Hilary Hassler of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.:

On this appeal, the issue presented is whether a side-bar conference held while defendant was on the witness stand and the jury was seated in the jury box constituted either a Sandoval or Ventimiglia hearing, at which defendant had a right to be present (see People v Sandoval, 34 N.Y.2d 371 [1974]; see also People v Ventimiglia...

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