People v. Duran
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered February 9, 1999, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him to consecutive terms of 25 years to life and 12V2 to 25 years, respectively, unanimously affirmed.
Defendant’s claim that his right to be present during jury selection was violated is unreviewable because the record does not establish defendant’s exclusion from the proceeding at issue (People v Maher, 89 NY2d 318, 325). On the contrary, a fair reading of the record indicates…
2Cases cited2 opinions
- People v. MaherNew York Court of Appeals · 1996
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 2000