Opinion
November 1, 1994
Appeal from the Supreme Court, New York County, Frederic S. Berman, J., Joan Sudolnik, J.
A defendant's right to be present at sidebar discussions during jury voir dire, whether the subject concerns specific bias (People v. Sloan, 79 N.Y.2d 386) or general bias (People v Antommarchi, 80 N.Y.2d 247), is applied only prospectively from the date of the decision in Antommarchi — October 27, 1992 (People v. Sprowal, 84 N.Y.2d 113). Since the voir dire in this case preceded that date, defendant's absence at the side-bar conferences cannot be a basis for reversing the judgment. Nor do we perceive an abuse of discretion in making the sentence consecutive to a previously imposed but as yet unserved sentence.
Concur — Ellerin, J.P., Ross, Asch, Rubin and Williams, JJ.