People v. Smallwood
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
We reject the defendant’s contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from numerous sidebar discussions with prospective jurors during voir dire (see, People v Antommarchi, 80 NY2d 247; People v Sloan, 79 NY2d 386). The defendant knowingly, voluntarily, and intelligently waived his right to be present when, prior to the commencement of voir dire, his trial counsel informed the court, in the defendant’s presence, that he had discussed the matter with the defendant and that the defendant agreed to waive his right to be…
2Cases cited7 opinions
- People v. AntommarchiNew York Court of Appeals · 1992
- People v. SloanNew York Court of Appeals · 1992
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1994
- People v. StokesAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. LebronAppellate Division of the Supreme Court of the State of New York · 2002
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2001
- People v. HollidayAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ReynosoAppellate Division of the Supreme Court of the State of New York · 1996
- People v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2002
7 more not listed; retrieve them via the Exa API.