Legal Opinion

People v. Wheelings

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

Decided March 30, 2016No. 2012-03363PublishedCited by 5 opinions

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

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. SandovalNew York Court of Appeals · 1974
  3. People v. DelgadoNew York Court of Appeals · 1992
  4. People v. MehmediNew York Court of Appeals · 1987
  5. People v. BennetteNew York Court of Appeals · 1982

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. DeverowAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. BraggAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. GiddensAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. MylesAppellate Division of the Supreme Court of the State of New York · 2019

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