People v. Fabricio, 3 N.Y.3d 402 (2004)
A defendant’s right to be present at a sidebar conference is not violated when the conference concerns a pure legal issue, such as the admissibility of a prior inconsistent statement, rather than factual matters about which the defendant has peculiar knowledge.
Summary
Fabricio was convicted of murder and robbery. During his trial, a sidebar conference was held to discuss the admissibility of a prior inconsistent statement he allegedly made. Fabricio was not present at the sidebar. The New York Court of Appeals held that Fabricio’s right to be present was not violated because the sidebar concerned a legal issue – whether his testimony opened the door to the use of his prior inconsistent statement and whether the prosecution had a good faith basis to inquire about it – and did not involve factual matters about which Fabricio had peculiar knowledge. This case clarifies the scope of a defendant’s right to be present during legal discussions at trial.
Facts
Fabricio was charged with murder and robbery in connection with the shooting death of Jose Perez. At trial, Fabricio testified that he traveled from Florida to New York the day before the crimes and that an accomplice, Pedro Aviles, paid for his airfare. During cross-examination, the prosecutor sought to question Fabricio about a statement he allegedly made to Aviles and a taxi driver that he obtained the money for the ticket by committing a robbery. A sidebar conference was requested by the prosecution to determine the admissibility of this statement.
Procedural History
The Supreme Court convicted Fabricio of murder and robbery. Fabricio appealed, arguing he was denied his right to be present at a material stage of the trial because he was excluded from the sidebar conference, which he characterized as a Sandoval/Ventimiglia hearing. The Appellate Division affirmed the conviction, holding that the conference concerned a pure issue of law. The dissenting Justice granted permission for Fabricio to appeal to the Court of Appeals.
Issue(s)
Whether a sidebar conference, held while the defendant was on the witness stand and the jury was seated, constituted a Sandoval or Ventimiglia hearing at which the defendant had a right to be present, when the conference concerned the admissibility of a prior inconsistent statement.
Holding
No, because the sidebar conference focused on a pure question of law – whether the defendant’s testimony opened the door to the use of his prior inconsistent statement and whether the People had a good faith basis to inquire about it – and did not implicate the defendant’s peculiar factual knowledge.
Court’s Reasoning
The Court of Appeals reasoned that a defendant has a right to be present during a particular proceeding if there is a potential for the defendant to meaningfully participate in the discussions. An important consideration is whether the proceeding involved factual matters about which the defendant might have peculiar knowledge that would be useful in advancing the defendant’s position or countering the People’s position. The Court distinguished this case from Sandoval/Ventimiglia hearings, which involve balancing the probative value of proposed evidence against its prejudicial impact. Here, the sidebar conference focused on a pure question of law: whether the defendant’s testimony “opened the door” to the use of his prior inconsistent statement and whether the People had a good faith basis to inquire about it. The Court stated, “Defendant did not have a right to be present, as the subject legal discussion did not implicate his peculiar factual knowledge or otherwise present the potential for his meaningful participation.”
Furthermore, the Court noted that defense counsel only objected on the grounds of lack of notice, and the conference centered on that objection, with no inquiry about the alleged uncharged robbery itself. The Court found any claim based on Fabricio’s absence from the conference unpreserved for review.