People v. Burgos

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that he is entitled to a new trial because he was deprived of the right to be present while potential jurors were questioned at the bench by the court. Because defendant’s trial was held before the Court of Appeals decided People v Antommarchi (80 NY2d 247, rearg denied 81 NY2d 759), defendant had no right, statutory or constitutional, to be present at a bench conference with prospective jurors unless such conference "[concerned] the very same witnesses and events which were to be involved in the case to be…