Opinion
February 24, 1998
Appeal from the Supreme Court, New York County (Richard Andrias, J.).
Defendant knowingly, voluntarily, and intelligently waived his right to be present at sidebar conferences during voir dire ( see, People v. Leonor, 245 A.D.2d 22). The court referred to the Antommarchi issue ( People v. Antommarchi, 80 N.Y.2d 247), and made it clear that defendant could change his mind and assert his right to be present at sidebar conferences at any time, to which defendant replied that he understood ( People v. Curry, 209 A.D.2d 357, lv denied 85 N.Y.2d 908). In any event, since the prospective juror at issue was effectively disqualified by the court for cause, based upon the prospective juror's insistence that he did not believe he could be unbiased due to his prior "bad experience with certain criminals", while employed at Sing Sing Correctional Facility, defendant's rights were not violated since he could not have meaningfully contributed even if he had been present at the sidebar conference ( see, People v. McPhatter, 235 A.D.2d 233, lv denied 89 N.Y.2d 1038).
Concur — Rosenberger, J. P., Wallach, Williams and Tom, JJ.