People v. Ha

Peters,J.P.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered September 13, 2002, upon a verdict convicting defendant of the crime of assault in the second degree.

Upon our earlier consideration of this appeal, we withheld decision and remitted the matter to County Court for a reconstruction hearing in order to enable us to resolve defendant’s Antommarchi claim (14 AD3d 877 [2005]; see People v Antommarchi, 80 NY2d 247 [1992]).

Upon remittal, County Court was unable to establish that all venire members with whom sidebar colloquies were held were excused for…