People v. Vargas

OPINION OF THE COURT

Bellacosa, J.

A common issue in these four separate cases involves continuing controversies concerning a defendant’s right to personal presence at jury selection sidebar discussions (see, CPL 260.20; People v Antommarchi, 80 NY2d 247, rearg denied 81 NY2d 759). In People v Vargas, People v Pondexter and People v Hutton, respective waivers of that right are challenged because the trial courts elicited defendants’ choices to waive by stating that certain conditions would otherwise be attached to the examination of prospective jurors. In People v Wilson, the Trial Judge…