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People v. Kempsey

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 565 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Queens County (Giaccio, J.).


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's fundamental right to be present at all material stages of the trial was violated when he was excluded from several sidebar conferences with prospective jurors which explored their backgrounds and their ability to weigh the evidence objectively (see, People v Antommarchi, 80 N.Y.2d 247, 250). Accordingly, the defendant's judgment of conviction must be reversed (see, People v Antommarchi, supra).

In light of the foregoing determination, we need not address the defendant's remaining contention. O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

People v. Kempsey

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 565 (N.Y. App. Div. 1995)
Case details for

People v. Kempsey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY KEMPSEY, Appellant

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 565 (N.Y. App. Div. 1995)
633 N.Y.S.2d 600