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People v. McMichael

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 588 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Kings County (Demarest, J.).


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

The defendant was denied his fundamental right to be present during all material stages of the trial when a prospective juror was questioned about his knowledge of a potential witness outside the defendant's presence (see, People v. Sloan, 79 N.Y.2d 386). Based on the record before us, we cannot conclude that the defendant's presence at the side-bar questioning "would have been of no benefit" (People v. Sloan, supra, at 392-393). Accordingly, the defendant's conviction must be reversed and a new trial ordered (see, People v. Antommarchi, 80 N.Y.2d 247; People v. Sloan, supra).

In view of the foregoing, we need not reach the defendant's remaining contention. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.


Summaries of

People v. McMichael

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 588 (N.Y. App. Div. 1995)
Case details for

People v. McMichael

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE McMICHAEL…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 588 (N.Y. App. Div. 1995)
628 N.Y.S.2d 568

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