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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 701 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Supreme Court, Kings County (Douglass, J.).


Ordered that the judgment is affirmed.

We reject the defendant's specific contention that his absence from a sidebar discussion with a prospective juror during voir dire violated his fundamental right to be present at a material stage of trial thereby mandating a reversal of his conviction pursuant to the Court of Appeals decision in People v Sloan ( 79 N.Y.2d 386). The sidebar discussion merely involved an inquiry into the juror's ability to serve impartially in light of her daughter's employment as a secretary with the Legal Aid Society, the office which also employed the defendant's trial counsel. As such, the discussion did not fall within the parameters of People v Sloan (supra).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit. Rosenblatt, J.P., Ritter, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 701 (N.Y. App. Div. 1995)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS TORRES…

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

Date published: May 22, 1995

Citations

215 A.D.2d 701 (N.Y. App. Div. 1995)
628 N.Y.S.2d 301