People v. Martin

Memorandum: We reject the contention of defendant that his absence from a sidebar conference with a prospective juror requires reversal or a reconstruction hearing. The record establishes that the prospective juror was excused before trial commenced. Therefore, the absence of defendant from the sidebar conference did not have a "substantial effect on [defendant’s] ability to defend against the charges” (People v Sloan, 79 NY2d 386, 392; see, People v Thomas, 210 AD2d 935, lv denied 85 NY2d 943).

From our review of the record, we conclude that defendant’s conviction is not against the weight of…