PEOPLE v. CARTER (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Rayfield CARTER, Appellant.

Decided: April 07, 1997

Before THOMPSON, J.P., and SULLIVAN, PIZZUTO and SANTUCCI, JJ.

Daniel L. Greenberg, New York City (David M. Greenburg, of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Robin A. Forshaw, and N. Lisa Pinto, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered December 14, 1994, convicting him of menacing in the second degree (two counts), criminal mischief in the fourth degree, and harassment in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the circumstances of this case, the defendant's absence from a sidebar discussion with a prospective juror during voir dire did not violate his fundamental right to be present at a material stage of the trial. The sidebar discussion was with a prospective juror who raised his hand after the court inquired whether anyone knew the Trial Judge. The defendant was thus aware of the basis for the discussion, and his absence therefrom does not require reversal (see generally, People v. Roman, 88 N.Y.2d 18, 643 N.Y.S.2d 10, 665 N.E.2d 1050; People v. Velasco, 77 N.Y.2d 469, 568 N.Y.S.2d 721, 570 N.E.2d 1070).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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