Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was denied his fundamental right to be present during all material stages of his trial when a prospective juror was questioned at a sidebar conference, in the presence of both counsel, about information that he had acquired about the case from the newspapers and/or friends (see, People v. Sloan, 79 N.Y.2d 386; People v. McMichael, 216 A.D.2d 588). Based on the record before us, we cannot conclude that the defendant's presence at the sidebar conference would have been of no benefit (see, People v. Sloan, supra, at 392-393), even though, immediately after his off-the-record interview, the juror was discharged by the court. Accordingly, the defendant's judgment of conviction is reversed and a new trial is ordered (see, People v. Antommarchi, 80 N.Y.2d 247; People v. Sloan, supra).
In view of the foregoing, we need not reach the defendant's remaining contentions. Pizzuto, J.P., Santucci, Friedmann and Krausman, JJ., concur.