Opinion

People v. Brown

  • 256 A.D.2d 92
  • 682 N.Y.S.2d 572
  • 1998 N.Y. App. Div. LEXIS 13248
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 10, 1998
Status
Published
Cited by
2 cases
Authority
More cited than 68.7%

The opinion

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered September 11, 1995, convicting defendant, after a jury trial, of intimidating a victim or witness in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v Antommarchi ( 80 NY2d 247, 250 ), to be present at certain sidebar conferences with prospective jurors. Although the waiver was conveyed by counsel, defendant was clearly aware of his -right to be present, since he exercised that right by participating in other such conferences (People v San *93 tana, 247 AD2d 201 , lv denied 91 NY2d 977 ) and was present when counsel thereafter waived in open court. Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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