In People v. Williams , Michelle Williams alleged that her right to be present during the jury selection process was violated.
Williams was charged with filing a false police complaint and car theft affidavit.
Although her counsel insisted upon Williams' right to monitor jury questioning or "voir dire," she supposedly wasn't present during sidebars concerning the possible bias of three potential jurors.
Following a trial by the Bronx County Supreme Court, Williams was convicted and an appeal ensued.
The Appellate Division, First Department, agreed Williams had been prejudiced and noted that "a criminal defendant has a fundamental right to be present at all material stages of trial and that a sidebar discussion with a prospective juror regarding her background, bias and ability to be impartial is considered a material stage of a trial." Finding Williams never waived that right, nor was near enough to be able to hear the sidebars, the AD1 reversed the conviction and remanded the criminal case for a new trial.
Two dissenting justices -- Williams and Buckley -- would have preferred a hearing to determine whether Williams could see and hear the sidebar in dispute.
Can you hear the appeal to the Court of Appeals?
To download a copy of the Appellate Division's decision, please use this link: People v. Williams