People v. Perine
Cases that cite this one
2 later published cases cite this decision.
- People v. Valerio (Appellate Division of the Supreme Court of New York 2010)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2004)
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
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered September 8, 2000, convicting him of robbery in the first degree, criminal possession of a weapon in the fourth degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
A criminal defendant has a constitutional and statutory right to be present at all material stages of the trial (see CPL 260.20; People v Mitchell, 80 NY2d 519 [1992]; People v Antommarchi, 80 NY2d 247, 250 [1992]; People v Underwood, 201 AD2d 597 [1994]), and questioning during the impaneling of the jury may constitute a material stage of the trial (see People v Antommarchi, supra at 250; People v Sloan, 79 NY2d 386 [1992]). A
Under the facts of this case, where the defense counsel represented to the Supreme Court that he discussed the Antommarchi rules (see People v Antommarchi, supra) with the defendant, and that the defendant indicated to counsel that “[h]e doesn’t wish to be present,” the waiver was valid (see People v Underwood, supra at 597-598). Altman, J.P., Cozier, Mastro and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.