Appellate Division of the Supreme Court of New York, 1996

People v. Smallwood

Appellate Division of the Supreme Court of New York · Decided March 18, 1996

225 A.D.2d 713; 639 N.Y.2d 938; 639 N.Y.S.2d 938; 1996 N.Y. App. Div. LEXIS 2687

Cases that cite this one

12 later published cases cite this decision.

People v. Perine (Appellate Division of the Supreme Court of New York 2004)
People v. Womack (Appellate Division of the Supreme Court of New York 2002)
People v. Lebron (Appellate Division of the Supreme Court of New York 2002)
People v. Velasquez (Appellate Division of the Supreme Court of New York 2002)
People v. Ford (Appellate Division of the Supreme Court of New York 2001)
People v. Edwards (Appellate Division of the Supreme Court of New York 2001)
People v. Spaich (Appellate Division of the Supreme Court of New York 1999)
People v. Marino (Appellate Division of the Supreme Court of New York 1998)
People v. Dong Nguyen (Appellate Division of the Supreme Court of New York 1997)
People v. Holliday (Appellate Division of the Supreme Court of New York 1997)
People v. McDermott (Appellate Division of the Supreme Court of New York 1997)
People v. Reynoso (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

We reject the defendant’s contention that he was denied a fundamental right to be present at all material stages of the trial by his exclusion from numerous sidebar discussions with prospective jurors during voir dire (see, People v Antommarchi, 80 NY2d 247; People v Sloan, 79 NY2d 386). The defendant knowingly, voluntarily, and intelligently waived his right to be present when, prior to the commencement of voir dire, his trial counsel informed the court, in the defendant’s presence, that he had discussed the matter with the defendant and that the defendant agreed to waive his right to be present (see, People v Ming Yuen, 222 AD2d 613; People v Stokes, 216 AD2d 337; People v Spruill, 212 AD2d 381; People v Perez, 196 AD2d 781; *714see also, People v Underwood, 201 AD2d 597). Mangano, P. J., Miller, Altman and Friedmann, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.