People v. Arnold

Judgment unanimously affirmed. Memorandum: Defendant contends that his absence from the side-bar questioning of a prospective juror concerning her acquaintance with a witness for the prosecution requires reversal. We disagree. The questioning of the prospective juror occurred in the presence of counsel after she responded in the affirmative to the court’s inquiry whether any of the prospective jurors was "familiar with” any of the prospective witnesses scheduled to testify. Immediately after the side-bar conference, the prospective juror was excused. We conclude that, under the circumstances *966o…