Opinion
December 29, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The record in this case indicates that the trial court violated the defendant's right to be present during jury selection, namely, voir dire side-bars (see, People v Antommarchi, 80 N.Y.2d 247). The error was not cured by any effective waiver (see, e.g., People v Stokes, 216 A.D.2d 337). Further, on the facts of this case, harmless error analysis is inapplicable (see, People v Antommarchi, supra; People v Mehmedi, 69 N.Y.2d 759; People v Feliciano, 209 A.D.2d 634, lv granted 85 N.Y.2d 861).
The defendant's challenge to the legal sufficiency of the People's case is unpreserved for appellate review and is, in any event, without merit. Thompson, J.P., Ritter, Joy and Florio, JJ., concur.