New York Court of Appeals
The People of the State of New York v. Herbert Mitchell, Appellant the People of the State of New York v. Miguel…
December 17, 199280 N.Y.2d 519
Summary
The Court held that the Antommarchi rule, which requires a defendant’s presence during sidebar juror questioning, applies only prospectively, affirmed the convictions of Mitchell and Casiano because no statutory or constitutional right was violated, and reversed the Chambers decision, granting a new trial due to a Batson violation.