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THE PEOPLE, ETC., RESPONDENT, v. RUHULLAH HIZBULLAH, APPELLANT. (IND. NO. 1037/98).

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's constitutional right to be present during a material stage of trial (see, People v. Monroe, 90 N.Y.2d 982) was not violated by his exclusion from sidebar conferences during jury selection (see, People v. Velasco, 77 N.Y.2d 469). The defendant was in the courtroom throughout jury selection, the challenges to prospective jurors were exercised and recorded in open court, and the defendant had an opportunity to consult with his attorney before the challenges were made (see, People v. Velasco, supra).

The defendant also was properly excluded from two sidebar discussions during the trial, as both discussions involved purely legal or procedural matters about which the defendant had no special knowledge (see, People v. Rodriguez, 85 N.Y.2d 586; People v. Velasco, supra).

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PEOPLE v. HIZBULLAH
(Jun 19, 2000)