PEOPLE v. PAULINO (1999)

Judgments, Supreme Court, Bronx County (Harold Silverman, J.), rendered April 3, 1997, convicting defendants, after a jury trial, of murder in the second degree, and sentencing each of them to a term of 20 years to life, unanimously affirmed.

 Defendants were afforded their right to be present at all material stages of the proceedings.   Defendants' presence at the various sidebar and robing room conferences held in this case, including those held during voir dire of potential jurors, was either validly waived by their counsel (People v. Vargas, 88 N.Y.2d 363, 375-376, 645 N.Y.S.2d 759, 668 N.E.2d 879;  People v. Diaz, 246 A.D.2d 397, 666 N.Y.S.2d 428, lv. denied 92 N.Y.2d 851, 677 N.Y.S.2d 81, 699 N.E.2d 441), or was not required since only legal issues were discussed and, where mixed questions of law and fact were addressed, their presence would have afforded them no meaningful opportunity to affect the outcome since the issues did not involve matters about which either defendant had peculiar knowledge (People v. Roman, 88 N.Y.2d 18, 26-27, 643 N.Y.S.2d 10, 665 N.E.2d 1050;  People v. Rodriguez, 85 N.Y.2d 586, 590, 627 N.Y.S.2d 292, 650 N.E.2d 1293).

 Since the information was disclosed in time for the defense to use it effectively (People v. Sutherland, 219 A.D.2d 523, 645 N.Y.S.2d 466, lv. denied 87 N.Y.2d 908, 641 N.Y.S.2d 238, 663 N.E.2d 1268;  see also, People v. Cortijo, 70 N.Y.2d 868, 523 N.Y.S.2d 463, 517 N.E.2d 1349), there was no violation of the People's duty under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215.

 The admission of the statement of a co-conspirator was proper since all of the elements required therefor, including that of the declarant's unavailability, were established (People v. Tran, 80 N.Y.2d 170, 179, 589 N.Y.S.2d 845, 603 N.E.2d 950;  People v. Roman, 212 A.D.2d 390, 622 N.Y.S.2d 47, lv. denied 86 N.Y.2d 740, 631 N.Y.S.2d 621, 655 N.E.2d 718).   We have reviewed and rejected the other claims raised by defendants.

MEMORANDUM DECISION.