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People v. Patti

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 422 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

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


Ordered that the appeal is held in abeyance, and the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing to determine whether the defendant was present when the attorneys' challenges to prospective jurors were ruled upon and later effectuated by the trial court. The Supreme Court, Kings County, is to file its report with all convenient speed.

Based on this record, we cannot determine whether the defendant was deprived of his right to be present during the impaneling of the jury. The record is unclear as to the circumstances under which challenged prospective jurors were removed from the jury box and unchallenged prospective jurors were identified after each round of voir dire (see, People v Antommarchi, 80 N.Y.2d 247; People v. Mullen, 44 N.Y.2d 1). In addition, the record does not indicate whether the defendant was present during the side-bar conferences at which the court ruled on the attorneys' challenges (see, People v. Michalek, 194 A.D.2d 568, affd 82 N.Y.2d 906; People v. Favor, 82 N.Y.2d 254).

We reach no other issues at this time. Miller, J.P., Pizzuto, Joy and Friedmann, JJ., concur.


Summaries of

People v. Patti

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 422 (N.Y. App. Div. 1995)
Case details for

People v. Patti

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN PATTI, Appellant

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 422 (N.Y. App. Div. 1995)
628 N.Y.S.2d 525