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People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1996
223 A.D.2d 480 (N.Y. App. Div. 1996)

Opinion

January 25, 1996

Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).


The trial court's comments pertaining to defendant's right under People v Antommarchi ( 80 N.Y.2d 247) to be present at sidebar conferences with prospective jurors did not render defendant's waiver of such right involuntary, where, in the end, the trial court did make clear that defendant's right "to come up here at the bench while jurors are being asked questions about whether they can be fair" was "absolute", and defendant waived the right only after consulting with his attorney ( see, People v Hutton, 220 A.D.2d 688; People v Dennis, 206 A.D.2d 843, lv denied 84 N.Y.2d 867; see also, People v Davis, 194 A.D.2d 437, lv denied 82 N.Y.2d 716). We perceive no abuse of sentencing discretion.

Concur — Rosenberger, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1996
223 A.D.2d 480 (N.Y. App. Div. 1996)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP SANTIAGO…

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

Date published: Jan 25, 1996

Citations

223 A.D.2d 480 (N.Y. App. Div. 1996)
637 N.Y.S.2d 86