People v. Babb, 226 A.D.2d 469 (N.Y. App. Div. 1996). · Go Syfert
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People v. Babb, 226 A.D.2d 469 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: People v. Steele (nyappdiv, 2024-03-22)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Steele
N.Y. App. Div. · 2024 · confidence medium
Here, as noted above, the court precluded defendant and defense counsel from being present at the Sirois hearing, and merely allowed defendant to submit written questions to the court that could be asked during the ex parte proceeding ( cf. People v Babb , 226 AD2d 469, 470 [2d Dept 1996], lv denied 88 NY2d 876 [1996]).
discussed Cited as authority (rule) People v. Grayton
N.Y. App. Div. · 2005 · confidence medium
Contrary to the defendant’s contention, his constitutional right to be present at a material stage of the trial was not violated (see People v Morales, 80 NY2d 450, 455-457 [1992]; People v Babb, 226 AD2d 469, 470 [1996]; People v Chicas, 204 AD2d 476, 476-477 [1994]).
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The People of the State of New York
v.
Glenroy Babb
Appellate Division of the Supreme Court of the State of New York.
Apr 8, 1996.
226 A.D.2d 469
1996 N.Y. App. Div. LEXIS 3526
Cited by 4 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 18,1994, convicting him of rape in the first degree and assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

[*470] Ordered that the judgment is affirmed.

The defendant’s constitutional right to be present at a material stage of the trial was not violated when, during a pretrial, in camera hearing in the presence of defense counsel but in the defendant’s absence, the court questioned a potential witness about her own reluctance to testify at trial, and about her reluctance to allow her 12-year-old son to testify at trial (see, People v Morales, 80 NY2d 450, 455; People v Ross, 205 AD2d 645, 646; People v Martinez, 204 AD2d 489; People v Harrison, 181 AD2d 743, 744). "Sullivan, J. P., Pizzuto, Joy and Krausman, JJ., concur.