People v. McCullough

Judgment unanimously affirmed. Memorandum: We held this case, reserved decision and remitted the matter to Onondaga County Court for a reconstruction hearing on the issue whether defendant was present for two sidebar discussions with two prospective jurors and, if not, whether he was informed of his right to be present and validly waived that right. We also noted that preliminary issues for the court upon remittal were whether one of the two prospective jurors was excused for cause by the court and whether the other prospective juror was excused pursuant to defense counsel’s exercise of a…