Legal Opinion

People v. McDermott

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1997PublishedCited by 3 opinions

1Opinion of the Court

—Judg*919ment unanimously affirmed. Memorandum: We reject the contention that defendant was denied his statutory right to be present during a discussion with a sworn juror in County Court Judge’s chambers and during numerous other sidebar conferences during jury selection and the trial (see, CPL 260.20). Defense counsel, in the presence of defendant, waived defendant’s right to be present on those occasions (see, People v Smallwood, 225 AD2d 713, lv denied 88 NY2d 942; People v Dennis, 206 AD2d 843, lv denied 84 NY2d 867; People v Howard, 206 AD2d 844, lv denied 84 NY2d 868). We likewise reject…

2Cases cited13 opinions

  1. People v. FordNew York Court of Appeals · 1985
  2. People v. VelascoNew York Court of Appeals · 1991
  3. People v. CantyNew York Court of Appeals · 1983
  4. People v. DaddonaNew York Court of Appeals · 1993
  5. People v. RomanNew York Court of Appeals · 1996

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3Cited by3 opinions

  1. People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. SpaichAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1999

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