Legal Opinion

People v. McCants

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

Decided October 1, 1993Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: The contention of defendant that he is entitled to a new trial because he was deprived of the right to be present when the court conducted a "screening” procedure lacks merit. The so-called "screening” was conducted with respect to the prospective jurors summoned for jury service and not as part of the impaneling of the trial jury. Thus, defendant’s right to be present "during the trial of an indictment” was not violated (CPL 260.20; see, People v Morales, 80 NY2d 450; Maurer v People, 43 NY 1; see also, People v Mullen, 44 NY2d 1).

Defendant was not…

2Cases cited5 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. SatterfieldNew York Court of Appeals · 1985
  3. People v. MoralesNew York Court of Appeals · 1992
  4. Maurer v. . the PeopleNew York Court of Appeals · 1870
  5. People v. ClerkinAppellate Division of the Supreme Court of the State of New York · 1988

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