Appellate Division of the Supreme Court of New York, 1999

People v. Friedlander

People v. Friedlander
Appellate Division of the Supreme Court of New York · Decided April 13, 1999
260 A.D.2d 221; 686 N.Y.S.2d 304; 1999 N.Y. App. Div. LEXIS 3987
People v. Friedlander

Opinion of the Court

—Judgments, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered February 7, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and upon his plea of guilty, of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 and 2 to 4 years, respectively, unanimously affirmed.

The court reporter’s parenthetical notation, “read in the context of the entire voir dire record, along with all reasonable inferences that may be drawn therefrom” (People v Acevedo, *222256 AD2d 162), fails to support defendant’s assertion that he or his counsel, or both, were absent from a sidebar conference with a prospective juror. Moreover, the court made it clear that it was dismissing the prospective juror for cause, and thus defendant’s presence would not have enabled him to contribute meaningfully to the proceeding (People v Roman, 88 NY2d 18, 28; see also, People v Vargas, 88 NY2d 363, 379). Concur— Nardelli, J. P., Wallach, Lerner and Andrias, JJ.

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