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.