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People v. Scafidi

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 609 (N.Y. App. Div. 1995)

Opinion

September 11, 1995

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


Ordered that the judgment and the amended judgment are affirmed.

Contrary to the defendant's contention, the waiver of the defendant's right to be present at side-bar conferences during jury selection was knowing, intelligent, and voluntary (see, People v Epps, 37 N.Y.2d 343, 349-350, cert denied 423 U.S. 999; People v Underwood, 201 A.D.2d 597).

There is no merit to the defendant's contention that the trial court erred by permitting a witness who had not previously identified the defendant to identify him in court. The defendant's counsel cross-examined the witness and explored the weaknesses and suggestiveness of his in-court identification (see, People v Medina, 208 A.D.2d 771, 772; People v Bradley, 154 A.D.2d 609, 610).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or do not require reversal. O'Brien, J.P., Santucci, Joy and Goldstein, JJ., concur.


Summaries of

People v. Scafidi

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 609 (N.Y. App. Div. 1995)
Case details for

People v. Scafidi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS SCAFIDI…

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

Date published: Sep 11, 1995

Citations

219 A.D.2d 609 (N.Y. App. Div. 1995)
631 N.Y.S.2d 186