Legal Opinion
People v. Howard
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: A defendant has a fundamental right to be present at material stages of the trial, including the sidebar questioning of a prospective juror when the purpose of the questioning is "intended to search out a prospective juror’s bias, hostility or predisposition to believe or discredit the testimony of potential witnesses” (People v Antommarchi, 80 NY2d 247, 250, rearg denied 81 NY2d 759; see, People v Sloan, 79 NY2d 386, 392). Here, the sidebar questioning of the prospective juror, who thereafter was seated as a juror, was a material stage of the trial,…
2Cases cited4 opinions
- People v. AntommarchiNew York Court of Appeals · 1992
- People v. ParkerNew York Court of Appeals · 1982
- People v. SloanNew York Court of Appeals · 1992
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- People v. DennisAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SaultersAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HoganAppellate Division of the Supreme Court of the State of New York · 2002
- People v. McDermottAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BarriosAppellate Division of the Supreme Court of the State of New York · 1996
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