People v. Wheelings
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered March 27, 2012, convicting him of criminal sexual act in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, his right to be present during a critical stage of trial was not violated when, in his absence and the absence of counsel, the Supreme Court held a brief colloquy with a juror regarding that juror’s continued availability to deliberate. While a defendant has a statutory…
2Cases cited18 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. SandovalNew York Court of Appeals · 1974
- People v. DelgadoNew York Court of Appeals · 1992
- People v. MehmediNew York Court of Appeals · 1987
- People v. BennetteNew York Court of Appeals · 1982
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3Cited by5 opinions
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- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2019
- People v. MylesAppellate Division of the Supreme Court of the State of New York · 2019