People v. Maher, 89 N.Y.2d 318 (1996)
A defendant has a right to be present during sidebar conferences with prospective jurors concerning potential biases, prejudices, or exposure to pretrial publicity, unless the juror is excused for cause or by the prosecution’s peremptory challenge, and the record negates the possibility that the defendant could have provided valuable input.
Summary
The New York Court of Appeals consolidated appeals from three separate cases where the defendants’ convictions were reversed due to their exclusion from sidebar discussions with prospective jurors. The court held that defendants have a right to be present at sidebar conferences where potential juror biases or exposure to pretrial publicity are discussed. This right is violated when the defendant is excluded from these discussions and the record does not clearly indicate that the juror was excused for cause or through a peremptory challenge by the prosecution. The Court emphasized the importance of the defendant’s potential contribution to jury selection and affirmed the Appellate Division’s reversals.
Facts
In People v. Maher, the defendant was convicted of robbery. During jury selection, several prospective jurors were questioned at sidebar conferences regarding potential biases. The defendant was not present at these conferences. In People v. Ricks and People v. Mack, the codefendants were convicted of murder and attempted robbery. During their jury selection, several prospective jurors who indicated exposure to pretrial publicity were questioned at sidebar conferences outside the presence of the defendants.
Procedural History
In all three cases, the defendants were convicted after a jury trial. The Appellate Division reversed the convictions in each case, finding that the defendants had been improperly excluded from material stages of their trial. The People appealed to the New York Court of Appeals.
Issue(s)
Whether the exclusion of the defendants from sidebar conferences with prospective jurors regarding potential biases, prejudices, or exposure to pretrial publicity violated their right to be present at a material stage of trial, warranting reversal of their convictions.
Holding
Yes, because the sidebar interviews of prospective jurors concerned potential biases and exposure to pretrial publicity, which are material stages of trial. The records failed to negate the possibility that the defendants could have meaningfully contributed to the sidebar conferences from which they were excluded.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s rulings, holding that a defendant has a right to be present at sidebar conferences concerning a prospective juror’s bias or exposure to pretrial publicity, as these are material stages of the trial. The court stated, “A sidebar interview of a prospective juror which concerns that juror’s bias or hostility is a material stage of trial which defendants are entitled to attend.” The Court reasoned that although the jury selection process is an ancillary proceeding, the right to be present at sidebar conferences is governed by CPL 260.20. The court emphasized that a defendant can waive the right to attend such conferences. However, the Court also stated that even if a defendant is erroneously excluded, reversal is not required if the potential juror was excused for cause or through a peremptory challenge by the prosecution. In such cases, the record must clearly demonstrate that the juror was excused for one of these reasons to negate the possibility that the defendant could have provided valuable input. Because the records in these cases did not definitively show that the jurors in question were excused for cause or by prosecutorial peremptory challenge, and because the prosecutor conceded in Ricks and Mack that the record supported the conclusion the defendants weren’t present, the Court affirmed the reversals, emphasizing the defendant’s potential contribution to jury selection and the importance of an adequate record to determine whether a defendant’s rights were violated.