People v. McPhatter

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered September 20, 1994, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 7½ to 15 years, unanimously affirmed.

Defendant’s right to be present at a sidebar conference during the jury voir dire was not violated. The record indicates that the prospective juror in question was disqualified by the court for cause, based upon the court’s consideration of the venireperson’s expressed potential for bias. In such circumstances, defendant…