Legal Opinion

People v. McPhearson

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

Decided December 23, 1994Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: By failing to request a waiver of his presence at bench conferences and by failing to object to County Court’s requirement that defendant be present with his attorney at all side-bar conferences, defendant failed to preserve for review his present contention that he was denied his right to waive his presence at bench conferences (see, CPL 470.05 [2]). We decline to review the issue as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Defendant failed to identify any prejudice resulting from his attendance at six side-bar…

2Cases cited3 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. FaulkAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1994

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