Opinion
5803.
Decided on October 20, 2011.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 2, 2008, convicting defendant, after a jury trial, of stalking in the fourth degree and aggravated harassment in the second degree, and sentencing him to a term of 3 years' probation, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), for respondent.
Tom, J.P., Andrias, Catterson, Acosta, Renwick, JJ.
The totality of the voir dire record demonstrates that defendant made a valid waiver of his right to be present at sidebar discussions with prospective jurors ( see People v Antommarchi, 80 NY2d 247).
In any event, defendant could not have been prejudiced by his absence from the four sidebar conferences at issue, because in each instance he could not have made a meaningful contribution ( see People v Roman, 88 NY2d 18, 26-27). Three of the panelists were effectively disqualified by the court for cause as a result of their expressed concern that they could not be impartial ( see People v Garcia, 265 AD2d 171, lv denied 94 NY2d 862).
The remaining panelist became a sworn juror, but was replaced by an alternate prior to deliberations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.