The People of the State of New York, Respondent v. Thomas Jackson, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's judgment, holding that the defendant's challenge to the trial court's Sandoval ruling was unpreserved and therefore not reviewable, and that his waiver of the right to be present at sidebar conferences was valid. The court reasoned that preservation requires a timely, specific objection and that the waiver was knowingly and voluntarily executed. Judge Fahey, in a concurring opinion, agreed with the waiver finding but argued that the Sandoval issue was properly preserved for review. The decision thus leaves the convictions and sentences intact.