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PEOPLE v. WILLIAMS

52 A.D.3d 94 (2008)

858 N.Y.S.2d 147

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELLE WILLIAMS, Appellant.

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

May 22, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Kerry S. Jamieson and Risa Gerson of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Vincenzo S. Lippiello and Rafael Curbelo of counsel), for respondent.

MAZZARELLI, J.P., and ANDRIAS, J., concur with ACOSTA, J.; WILLIAMS and BUCKLEY, JJ., dissent in part in a separate opinion by BUCKLEY, J.

OPINION OF THE COURT

ACOSTA, J.

The core issue on this appeal is whether defendant's right to be present at all material stages of her trial was violated when the court held sidebar conferences with three potential jurors in defendant's absence. We hold that defendant's well-established right to be present (see People v Antommarchi, 80 N.Y.2d 247 [1992]) was violated, and she is thus entitled to a new trial.

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