People v. Ashley

1 Citing case

  1. People v. McCullough

    248 A.D.2d 938 (N.Y. App. Div. 1998)   Cited 8 times

    Those issues are preliminary issues for the reconstruction hearing because their resolution may obviate the need for resolution whether defendant was present at the sidebar discussions with the two prospective jurors and, if not, whether he validly waived the right to be present. We therefore remit this matter to Onondaga County Court for a reconstruction hearing on the issues set forth herein ( see, People v. Robinson, 239 A.D.2d 298; People v. Childs, 232 A.D.2d 308).