PEOPLE v. RIZZO

2185, 5073/10.

144 A.D.3d 489 (2016)

2016 NY Slip Op 07586

41 N.Y.S.3d 35

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND RIZZO, Appellant.

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

Decided November 15, 2016.


Defendant validly waived his right under People v Antommarchi (80 N.Y.2d 247 [1992]) to be present at bias-related bench conferences with prospective jurors (see People v Velasquez, 1 N.Y.3d 44 [2003]). The court indicated that, at an off-the-record bench conference, defense counsel had expressed his client's intention to waive his Antommarchi rights, whereupon defense counsel acknowledged...

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