People v. Dong Nguyen

Appellate Division of the Supreme Court of New York

People v. Dong Nguyen

237 A.D.2d 298, 655 N.Y.S.2d 408, 1997 N.Y. App. Div. LEXIS 2049

Appellate Division of the Supreme Court of the State of New York·Decided March 3, 1997·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered April 25, 1994, convicting him of burglary in the first degree, robbery in the first degree, criminal possession of a weapon in the second degree (2 counts), and [299] criminal possession of a weapon in the third degree (2 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant has a right to be present at sidebar conferences with prospective jurors which explore their backgrounds and their ability to weigh the evidence objectively (see, People v Antommarchi, 80 NY2d 247). Here, the defendant knowingly, voluntarily, and intelligently waived his right to be present prior to the commencement of the voir dire (see, People v Smallwood, 225 AD2d 713).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., Bracken, Rosenblatt and Miller, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered April 25, 1994, convicting him of burglary in the first degree, robbery in the first degree, criminal possession of a weapon in the second degree (2 counts), and [299] criminal possession of a weapon in the third degree (2 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant has a right to be present at sidebar conferences with prospective jurors which explore their backgrounds and their ability to weigh the evidence objectively (see, People v Antommarchi, 80 NY2d 247). Here, the defendant knowingly, voluntarily, and intelligently waived his right to be present prior to the commencement of the voir dire (see, People v Smallwood, 225 AD2d 713).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., Bracken, Rosenblatt and Miller, JJ., concur.

People v. Dong Nguyen, 237 A.D.2d 298, 655 N.Y.S.2d 408, 1997 N.Y. App. Div. LEXIS 2049 (N.Y. Ct. App. 1997).

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Opinion

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