Opinion
November 20, 1995
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the judgment is reversed, on the law, a new trial is ordered on the count of the indictment charging the defendant with criminal possession of a weapon in the second degree, and the count of the indictment which charged the defendant with murder in the second degree is dismissed, without prejudice to the People to re-present any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 N.Y.2d 726).
After remittitur of this case for a factual reconstruction hearing, the attorneys for the respective parties stipulated that the defendant was not present during the trial court's questioning of two prospective jurors, which questioning triggered Antommarchi considerations (see, People v Antommarchi, 80 N.Y.2d 247). Accordingly, reversal is mandated (see, People v Pinero, 220 A.D.2d 540; People v Morris, 217 A.D.2d 561).
In view of the foregoing, we need not reach the defendant's remaining contentions. Bracken, J.P., Ritter, Joy and Goldstein, JJ., concur.