Legal Opinion

People v. Flinn

New York Court of Appeals

Decided February 25, 2014PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that defendant validly waived his right under People v Antommarchi (80 NY2d 247, 249-250 [1992]) to be present during bench conferences at which prospective jurors were questioned on voir dire.

Defendant was tried for attempted murder and other crimes. Before beginning jury selection, the trial judge announced in defendant’s hearing:

“If there are any conferences at the bench, I just remind everyone the defendant is welcome to attend them, I will leave that up to defense counsel and the defendant as to whether or not he wants to get up and attend any of…

2Cases cited6 opinions

  1. People v. AntommarchiNew York Court of Appeals · 1992
  2. People v. VargasNew York Court of Appeals · 1996
  3. People v. VelasquezNew York Court of Appeals · 2003
  4. People v. KeenNew York Court of Appeals · 2000
  5. People v. WilliamsNew York Court of Appeals · 2010

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3Cited by33 opinions

  1. SMITH, III, WILLIE D., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. DrakeAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. MalloyAppellate Division of the Supreme Court of the State of New York · 2017
  4. In the Matter of Tyrone D. v. State of New YorkNew York Court of Appeals · 2015
  5. People v. RelefordAppellate Division of the Supreme Court of the State of New York · 2015

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