Legal Opinion
People v. Fabricio
New York Court of Appeals
Decided December 2, 2004PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
On this appeal, the issue presented is whether a sidebar conference held while defendant was on the witness stand and the jury was seated in the jury box constituted either a Sandoval or Ventimiglia hearing, at which defendant had a right to be present (see People v Sandoval, 34 NY2d 371 [1974]; see also People v Ventimiglia, 52 NY2d 350 [1981]). Because the sidebar concerned only a legal issue, we conclude that the conference was not a Sandoval or a Ventimiglia hearing, and defendant’s right to be present was not violated.
In connection with the robbery and…
2Cases cited6 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. DokesNew York Court of Appeals · 1992
- People v. RodriguezNew York Court of Appeals · 1995
- People v. SpotfordNew York Court of Appeals · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- People v. HamptonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. EsquerdoAppellate Division of the Supreme Court of the State of New York · 2010
- People v. LamontAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2012
45 more not listed; retrieve them via the Exa API.