People v. Johnson

Judgment unanimously affirmed. Memorandum: Defendant contends that the side-bar questioning of two prospective jurors regarding pretrial publicity requires reversal. A defendant’s presence during questioning of prospective jurors on matters such as pretrial publicity can be "critical in making proper determinations in the important and sensitive matters relating to challenges for cause and peremptories” (People v Sloan, 79 NY2d 386, 392). However, here the questioning of two of the prospective jurors occurred in the presence of counsel, after the court inquired if any of the prospective…