People v. Elliot

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 5, 2001, upon a verdict convicting defendant of the crimes of attempted assault in the first degree, assault in the second degree, criminal possession of a weapon in the third degree (two counts) and unlawful imprisonment in the first degree.

Upon our earlier consideration of this appeal, we withheld decision and remitted the matter to County Court to determine whether defendant was present during the interview of a prospective juror who was excused on a peremptory challenge by the defense (299 AD2d 731…