New York Court of Appeals

The People of the State of New York, Respondent v. Lamont Branch, Appellant

May 12, 199483 N.Y.2d 663

Summary

The Court of Appeals affirmed the Appellate Division, holding that the trial judge did not abuse discretion in permitting a brief private conference between the prosecutor and a prosecution witness during direct examination, provided appropriate safeguards were in place. The majority emphasized the broad discretion afforded trial courts in managing trials and found the safeguards—notice to the jury and unrestricted cross‑examination—sufficient to protect the truth‑seeking function. Justice Titone dissented, arguing that such a conference exceeds permissible discretion and should be reversible error. The decision therefore leaves the conviction and sentencing intact.