# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · December 10, 1998 · 256 A.D.2d 92

URL: https://www.frixlaw.com/law-library/cases/6031509

## Case

- **Full name:** The People of the State of New York v. Stephen Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 10, 1998
- **Citations:** 256 A.D.2d 92; 682 N.Y.S.2d 572; 1998 N.Y. App. Div. LEXIS 13248
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6031509

## Opinion text

—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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6031509. Public record. Not legal advice.