During jury selection, three sidebar interviews of prospective jurors were conducted in defendant's absence. Two persons, who indicated that they would be biased against defendant because of the nature of the charges, were discharged without objection, but the third person, who claimed to have been improperly arrested, was retained over the prosecutor's objection. Since this case preceded the ruling in People v. Antommarchi ( 80 N.Y.2d 247), reversal is not required as a matter of law (People v Mitchell, 80 N.Y.2d 519).
Nor is reversal warranted in the interest of justice, there being no reasonable likelihood that the composition of the jury would have been any different had defendant participated in these sidebar conferences.
Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.