People v. Lamb

Peters, J. (dissenting).

I respectfully dissent. In the unique situation presented by this appeal, I believe a remittal is called for.

The trial commenced the morning of Monday, September 19, 1994. Appearances were noted and, before jury selection commenced, defense counsel agreed to waive the full record with respect to jury selection. County Court then stated, "And when your client arrives, which I understand will be later this morning, will you discuss with him whether or not he will agree to waive his attendance at the side bar conferences?” After defense counsel agreed, counsel and the…