New York Court of Appeals
The People of the State of New York, Respondent v. Evero Vargas, Appellant; the People of the State of New York…
June 13, 199688 N.Y.2d 363
Summary
The Court affirmed the appellate courts' orders upholding convictions in People v. Vargas, People v. Wilson, and People v. Hutton, finding that defendants’ waivers of the statutory right to be present at sidebar juror examinations were valid and that an in‑camera juror interview before voir dire did not trigger that right. The Court reversed the order in People v. Pondexter, holding that the trial court erred by refusing to strike the testimony of a key witness who recanted and invoked the Fifth Amendment, and ordered a new trial.