| People v Jordan |
| 2011 NY Slip Op 07379 [88 AD3d 580] |
| October 20, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Jackson Jordan, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), forrespondent.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 2, 2008,convicting defendant, after a jury trial, of stalking in the fourth degree and aggravated harassmentin the second degree, and sentencing him to a term of three years' probation, unanimouslyaffirmed.
The totality of the voir dire record demonstrates that defendant made a valid waiver of hisright to be present at sidebar discussions with prospective jurors (see People vAntommarchi, 80 NY2d 247 [1992]).
In any event, defendant could not have been prejudiced by his absence from the four sidebarconferences at issue, because in each instance he could not have made a meaningful contribution(see People v Roman, 88 NY2d 18, 26-27 [1996]). Three of the panelists were effectivelydisqualified by the court for cause as a result of their expressed concern that they could not beimpartial (see People v Garcia, 265 AD2d 171 [1999], lv denied 94 NY2d 862[1999]).
The remaining panelist became a sworn juror, but was replaced by an alternate prior todeliberations. Concur—Tom, J.P., Andrias, Catterson, Acosta and Renwick, JJ.