People v. Aguilera

OPINION OF THE COURT

Chief Judge Kaye.

The primary issue on appeal is whether the collateral estoppel doctrine was properly applied to deprive defendant of a pretrial Huntley hearing. We agree with defendant that he should not have been collaterally estopped from litigating the admissibility of his statements, and thus remit for a Huntley hearing. We disagree, however, with defendant’s further contention that his right to be present at trial was abridged when the trial court, with counsel present, spoke with a sworn juror immediately prior to deliberations. Accordingly, a new trial is…