From Casetext: Smarter Legal Research

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 348 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered December 14, 1994, convicting him of menacing in the second degree (two counts), criminal mischief in the fourth degree, and harassment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances of this case, the defendant's absence from a sidebar discussion with a prospective juror during voir dire did not violate his fundamental right to be present at a material stage of the trial. The sidebar discussion was with a prospective juror who raised his hand after the court inquired whether anyone knew the Trial Judge. The defendant was thus aware of the basis for the discussion, and his absence therefrom does not require reversal ( see generally, People v. Roman, 88 N.Y.2d 18; People v. Velasco, 77 N.Y.2d 469).

The defendant's remaining contentions are without merit. Thompson, J.P., Sullivan, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 348 (N.Y. App. Div. 1997)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYFIELD CARTER…

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 348 (N.Y. App. Div. 1997)
656 N.Y.S.2d 65