Opinion
2015–03630 Ind.No. 712/10
09-26-2018
The PEOPLE, etc., respondent, v. Yohani MORAN, appellant.
Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, Bronx, Merri Turk Lasky, and Tina Grillo of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, Bronx, Merri Turk Lasky, and Tina Grillo of counsel), for respondent.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard Buchter, J.), rendered April 14, 2015, convicting her of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.Contrary to the defendant's contention, her right to be present at all material stages of trial was not violated by her absence from a sidebar conference at which a prospective juror was excused. The record establishes that the defendant knowingly, voluntarily, and intelligently waived her right to be present at sidebar conferences with prospective jurors (see People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95 ; People v. Jackson, 59 A.D.3d 736, 875 N.Y.S.2d 115 ; People v. Knight, 6 A.D.3d 460, 773 N.Y.S.2d 887 ; People v. Edwards, 288 A.D.2d 320, 733 N.Y.S.2d 612 ; People v. Smith, 253 A.D.2d 470, 675 N.Y.S.2d 905 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., SGROI, MALTESE and CHRISTOPHER, JJ., concur.