People v. Jackson

Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from a judgment convicting him of burglary in the third degree, criminal mischief in the third degree and criminal possession of stolen property in the fourth degree, defendant contends that reversal is required because side-bar questioning of two prospective jurors was conducted in his absence and thus, he was denied his right to be present at all material stages of the trial. The record shows that, immediately following the sidebar questioning, the two prospective jurors were excused without any…