People v. Antommarchi

Decision Date17 December 1992
Citation594 N.Y.S.2d 720,81 N.Y.2d 759
Parties, 610 N.E.2d 393 People v. Antommarchi (Domingo)
CourtNew York Court of Appeals Court of Appeals

80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95

MOTION FOR REARGUMENT.

Denied.

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63 cases
  • Gaiter v. Lord
    • United States
    • U.S. District Court — Eastern District of New York
    • 9 Febrero 1996
    ... ... People v. Smith and Gaiter, 89 A.D.2d 881, 881-82, 453 N.Y.S.2d 226, 228 (2d Dep't 1982). The Appellate Division found the remainder of Gaiter's claims ... People v. Antommarchi, 80 N.Y.2d 247, 250, 604 N.E.2d 95, 97, 590 N.Y.S.2d 33, 35, rearg. denied, 81 N.Y.2d 759, 610 N.E.2d 393, 594 N.Y.S.2d 720 (1992); People v ... ...
  • People v. Vargas
    • United States
    • New York Court of Appeals Court of Appeals
    • 13 Junio 1996
    ... ... OPINION OF THE COURT ...         BELLACOSA, Judge ...         A common issue in these four separate cases involves continuing controversies concerning a defendant's right to personal presence at jury selection sidebar discussions (see, CPL 260.20; People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95, rearg. denied [88 N.Y.2d 372] 81 N.Y.2d 759, 594 N.Y.S.2d 720, 610 N.E.2d 393). In People v. Vargas, People v. Pondexter and People v. Hutton, respective waivers of that right are challenged because the trial courts elicited defendants' choices to ... ...
  • People v. Mitchell
    • United States
    • New York Court of Appeals Court of Appeals
    • 17 Diciembre 1992
    ... ... Grobman, Jay Shapiro and Barry L. Kluger, New York City, for Association of the Bar of the City of New York, amicus curiae, in the first, second and third above-entitled actions ... OPINION OF THE COURT ...         SIMONS, Acting Chief Judge ...         In People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95, rearg. denied 81 N.Y.2d 759, 594 N.Y.S.2d 720, 610 N.E.2d 393 [decided today], the trial court questioned 37 of 67 prospective jurors at a sidebar, in defendant's absence, about their subjective thoughts on a number of issues. We reversed the ... ...
  • People v. Rivera
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Abril 2011
    ... ... We reject the further contention of defendant that he was deprived of the right to be present during sidebar discussions with prospective jurors. The decision of the Court of Appeals in People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95, rearg. denied 81 N.Y.2d 759, 594 N.Y.S.2d 720, 610 N.E.2d 393) does not apply herein because defendant's trial was conducted before that decision was issued ( see People v. Mitchell, 80 N.Y.2d 519, 528, 591 N.Y.S.2d 990, 606 N.E.2d 1381). Thus, ... ...
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