Opinion
April 20, 1998
Appeal from the Supreme Court, Richmond County (Leone, J.)
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
Prior to the commencement of jury selection, and outside of the defendant's presence and hearing, the defense counsel waived the defendant's right to be present at jury voir dire sidebar conferences ( see, People v. Antommarchi, 80 N.Y.2d 247). The purported waiver by the defense counsel was invalid in light of the defendant's absence from the colloquy, at which his counsel offered the waiver on the defendant's behalf, and the fact that there is no other evidence in the record to indicate that the defendant waived his rights knowingly, intelligently, and voluntarily ( see, U.S. Const 14th Amend; N.Y. Const, art I, § 6; CPL 260.20; Taylor v. Illinois, 484 U.S. 400; People v. Parker, 57 N.Y.2d 136; People v. Smallwood, 225 A.D.2d 713; People v. Golden, 222 A.D.2d 696; cf., People v. Stokes, 216 A.D.2d 337).
Pizzuto, J.P., Joy, Friedmann and Florio, JJ., concur.