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PEOPLE v. NEIL

30 A.D.3d 308 (2006)

818 N.Y.S.2d 46

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERNON NEIL, Appellant.

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

June 27, 2006.

The court did not coerce defendant's waiver of his right to be present at voir dire sidebars by informing him that, if he exercised that right, he would be closely guarded by court officers as a security measure. This case is indistinguishable from People v Pondexter (88 N.Y.2d 363, 373, 376-377 [1996]), and defendant's arguments to the contrary are without merit.

Defendant's constitutional challenge to the procedure under...

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