People v. Frank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
There is no merit to the defendant’s contention that his conviction should be reversed because his right to be present pursuant to CPL 260.20 was impinged when the court held sidebar conferences in his absence during jury selection (see, People v Antommarchi, 80 NY2d 247).
"A defendant’s presence is substantially and materially related to the ability to defend when the defendant 'can potentially contribute to the proceeding’ ” (see, People v Feliciano, 88 NY2d 18, 26, quoting People v Sprowal, 84 NY2d 113, 118). A defendant’s presence at sidebar conferences during jury selection enables the…
2Cases cited6 opinions
- People v. AntommarchiNew York Court of Appeals · 1992
- People v. RomanNew York Court of Appeals · 1996
- People v. SprowalNew York Court of Appeals · 1994
- People v. TorresNew York Court of Appeals · 1992
- People v. TuckerAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.