People v. Jackson

Defendant was convicted of predatory sexual assault and criminal sexual act in the first degree. Before trial, the trial court gave the People permission to question Defendant about the fact that Defendant had been adjudicated a juvenile delinquent, pursuant to People v. Sandoval, but not the facts underlying the adjudication. Also prior to trial, Defendant signed a waiver attesting that he gave up his right to be present during sidebar discussions with prospective jurors and/or discussions of law. On appeal, the Appellate Division affirmed, concluding that the Sandoval ruling on the juvenile delinquency adjudication was harmless error and that Defendant validly waived his right to be present at sidebar conferences. The Court of Appeals affirmed, holding (1) Defendant’s challenge to the Sandoval ruling was unpreserved; and (2) Defendant’s claim that he was denied his right to be present at a sidebar conference regarding the potential bias of a prospective juror is not reviewable, as Defendant waived his right. View "People v. Jackson" on Justia Law