Opinion
2011-10-20
The PEOPLE of the State of New York, Respondent,v.Jackson JORDAN, Defendant–Appellant.
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.
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,*224 and sentencing him to a term of 3 years' probation, unanimously affirmed.
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 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95 [1992] ).
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 N.Y.2d 18, 26–27, 643 N.Y.S.2d 10, 665 N.E.2d 1050 [1996] ). 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 A.D.2d 171, 697 N.Y.S.2d 8 [1999], lv. denied 94 N.Y.2d 862, 704 N.Y.S.2d 538, 725 N.E.2d 1100 [1999] ).
The remaining panelist became a sworn juror, but was replaced by an alternate prior to deliberations.
TOM, J.P., ANDRIAS, CATTERSON, ACOSTA, RENWICK, JJ., concur.