Majority
p. 166The People of the State of New York, Respondent, v Wilson Camacho, Appellant. [617 NYS2d 751]
—Judgment, Supreme Court, New York County (Frederic S. Berman, J., at hearing; Joan Sudolnik, J., at trial and sentence), rendered June 26, 1992, convicting defendant, after a jury trial, of robbery in the third degree and sentencing him to a term of 2Vz to 5 years imprisonment, to be served consecutively to a previously imposed sentence, unanimously affirmed.
A defendant’s right to be present at sidebar discussions
p. 167
during jury voir dire, whether the subject concerns specific bias (People v Sloan, 79 NY2d 386 ) or general bias (People v Antommarchi, 80 NY2d 247 ), is applied only prospectively from the date of the decision in Antommarchi—October 27, 1992 (People v Sprowal, 84 NY2d 113 ). Since the voir dire in this case preceded that date, defendant’s absence at the sidebar conferences cannot be a basis for reversing the judgment. Nor do we perceive an abuse of discretion in making the sentence consecutive to a previously imposed but as yet unserved sentence. Concur—Ellerin, J. P., Ross, Asch, Rubin and Williams, JJ.
Cases cited
- People v. Sloan 79 NY2d 386 p. 167
- People v. Antommarchi 80 NY2d 247 p. 167
- People v. Sprowal 84 NY2d 113 p. 167