Opinion
October 10, 1995
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.
Reversal is mandated in this case by virtue of the Court of Appeals decision in People v. Antommarchi ( 80 N.Y.2d 247). The prosecutor and the defense counsel, in the presence of the court but in the absence of the defendant, questioned a prospective juror about his employment as an FBI agent and its potential influence on his objectivity. Such questioning of a prospective juror in the absence of the defendant has been held to be improper, and reversal is mandated, despite the absence of an objection by the defendant (see, People v. Antommarchi, supra, at 250). Moreover, harmless error analysis is inapplicable (People v. Mehmedi, 69 N.Y.2d 759; People v. Daniels, 213 A.D.2d 419).
We have examined the defendant's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.