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PEOPLE v. GARCIA

2005-04109.

66 A.D.3d 699 (2009)

885 N.Y.S.2d 771

2009 NY Slip Op 7273

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GARCIA, Appellant.

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

Decided October 6, 2009.

Ordered that the judgment is affirmed.

The defendant's contention that his right to be present at all material stages of the trial (see generally People v Antommarchi, 80 N.Y.2d 247 [1992]) was violated when the County Court held a sidebar discussion with prospective jurors out of his presence is without merit. "[T]he determination that a prospective juror was disqualified before voir dire was a matter for the court and defendant...

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