The People of the State of New York, Respondent v. Paul Rivera, Appellant

Summary

The Court affirmed the conviction, holding that the trial judge’s off‑record listening to the videotape to assess its audibility did not violate the defendant’s constitutional right to be present at a material stage of trial. Because the defendant and counsel had already reviewed the tape and no arguments were made at that point, the judge’s action was not a material stage requiring the defendant’s presence.