People v. Williams

Rather than remanding for a new trial, I would remand for a reconstruction hearing to determine whether the sidebar with prospective juror S.D. was conducted in such a manner as to permit defendant, seated only eight feet away, to see and hear the colloquy (see People v Brown, 221 AD2d 160 [1995], lv denied 87 NY2d 898 [1995]; see also People v Torres, 224 AD2d 251 [1996], lv denied 88 NY2d 886 [1996] [defendant was in close proximity to sidebar, and therefore able to see and hear]; People v Swift, 213 AD2d 355 [1995], lv denied 86 NY2d 784 [1995] [defendant’s position at defense table did…