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People v. Scafidi
Citations: 219 A.D.2d 609; 631 N.Y.S.2d 186; 1995 N.Y. App. Div. LEXIS 9221
Court: Appellate Division of the Supreme Court of the State of New York; September 11, 1995; New York; State Appellate Court
The defendant appealed two judgments from the Supreme Court, Kings County, rendered on June 3, 1993. The first judgment convicted him of first-degree manslaughter after a jury trial (Indictment No. 7433/92), while the second, amended judgment revoked his probation due to a violation, subsequently sentencing him for a prior conviction of second-degree assault (Indictment No. 13366/90). Both judgments were affirmed. The court found that the defendant's waiver of the right to be present at side-bar conferences during jury selection was made knowingly, intelligently, and voluntarily, referencing relevant case law. The court also ruled against the defendant's claim that allowing a witness to identify him in court, despite no prior identification, constituted error, noting that the defendant’s counsel effectively cross-examined the witness on this point. Other issues raised by the defendant were either not preserved for appeal or did not warrant reversal. The justices O’Brien, Santucci, Joy, and Goldstein concurred with the decision.