PEOPLE v. DALY


41 A.D.3d 861 (2007)

837 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS DALY, Appellant.

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

Decided June 26, 2007.


Ordered that the judgments are affirmed.

The defendant was not deprived of his right to be present during all material stages of the proceedings. He knowingly, voluntarily, and intelligently waived his right to be present during sidebar questioning of prospective jurors, as evidenced by the defense counsel's statement to that effect in court, the defendant's acknowledgment of his waiver during the court's inquiry of him, and his execution of a written waiver (see...

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