People v. Torres — 215 A.D.2d 701

Majority

p. 701

The People of the State of New York, Respondent, v Carlos Torres, Appellant.

[628 NYS2d 301]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered December 11, 1992, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s specific contention that his absence from a sidebar discussion with a prospective juror during voir dire violated his fundamental right to be present at a material stage of trial thereby mandating a reversal of his conviction pursuant to the Court of Appeals decision in

p. 702

People v Sloan ( 79 NY2d 386 ). The sidebar discussion merely involved an inquiry into the juror’s ability to serve impartially in light of her daughter’s employment as a secretary with the Legal Aid Society, the office which also employed the defendant’s trial counsel. As such, the discussion did not fall within the parameters of People v Sloan (supra).

The sentence imposed was not excessive (see, People u Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Rosenblatt, J. P., Ritter, Pizzuto and Krausman, JJ., concur.

Cases cited

People v. Sloan 79 NY2d 386 N.Y. 1992-04-07 p. 702
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 702