People v. McMahon, 81 N.Y.2d 386 (1993)
A defendant has a right to be present during the questioning of prospective jurors when the questioning concerns issues touching upon the merits of the case, such as the jurors’ knowledge of pretrial publicity and their attitude toward key witnesses.
Summary
Defendants McMahon and Sloan were convicted of robbery and weapons possession. Prior to the formal voir dire, the trial judge conducted a side-bar voir dire of prospective jurors regarding their exposure to pretrial publicity and their familiarity with John Roland, a television newscaster involved in the robbery. The questioning occurred outside the presence of the defendants. The New York Court of Appeals reversed the convictions, holding that the defendants had a fundamental right to be present during questioning that delved into attitudes and feelings concerning events and witnesses involved in the case.
Facts
Defendants McMahon and Sloan allegedly robbed the Racing Club restaurant. Newscaster John Roland attempted to disarm Sloan during the robbery, leading to a struggle. Roland was hit on the head with a pistol by McMahon. Defendants were apprehended near the scene after a waiter alerted the police. Roland and other witnesses identified the defendants. Prior to the formal voir dire, the judge questioned prospective jurors about their exposure to pretrial publicity regarding the case and Roland’s involvement. Jurors were questioned on their ability to weigh Roland’s testimony fairly and whether their knowledge of him as a newscaster would affect their impartiality. Defendants were not present during this questioning.
Procedural History
Defendants were convicted of robbery and weapons possession after a jury trial. The Appellate Division affirmed the convictions. The New York Court of Appeals reversed the Appellate Division’s order, and ordered a new trial.
Issue(s)
Whether a defendant has a right to be present during conference questioning of prospective jurors concerning issues touching upon the merits of the case, such as their knowledge of and reaction to pretrial publicity and their attitude toward a key witness.
Holding
Yes, because the questioning went beyond general qualifications and delved into attitudes and feelings concerning some of the events and witnesses involved in the case, which could have substantially affected the defendant’s ability to defend against the charges.
Court’s Reasoning
The Court of Appeals relied on the principle that defendants have a fundamental right to be present with counsel at all material stages of a trial. The court distinguished this case from People v. Velasco, which held that a defendant’s presence was not required when the court posed questions relating only to the general qualifications of jurors (physical impairments, family obligations, etc.). Here, the questioning went beyond general qualifications and delved into attitudes and feelings concerning events and witnesses involved in the case. “The effect on the jurors of the pretrial publicity, their attitudes toward and possible predisposition to believe Roland, a key prosecution witness, and their ability to weigh the evidence objectively were subjects properly addressed in a formal voir dire.” The court reasoned that the defendants’ presence could have been critical in making proper determinations relating to challenges for cause and peremptories, as assessing jurors’ facial expressions, demeanor, and subliminal responses could reveal bias or hostility. The court noted that, “[a]part from our statutory provision, due process requires the presence of a defendant at his trial ‘to the extent that a fair and just hearing would be thwarted by his absence, and to that extent only.’” (quoting Snyder v. Massachusetts, 291 U.S. 97, 108). Because their exclusion from the questioning was error, the Court of Appeals ordered a new trial.