People v Nicole Buonincontri

People v Buonincontri 2005 NY Slip Op 09578 [6 NY3d 726] December 15, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 15, 2006

[*1] The People of the State of New York, Respondent,
v
Nicole Buonincontri, Appellant.

Decided December 15, 2005

People v Buonincontri, 18 AD3d 569, affirmed.

APPEARANCES OF COUNSEL

Labe M. Richman, New York City, for appellant.

Michael E. Bongiorno, District Attorney, New City (Ellen O'Hara Woods of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The defendant was informed on the record that she had the right to be present during questioning of a prospective juror concerning the ability to be fair and impartial. The Appellate Division properly determined that defendant failed to present an adequate record to overcome the presumption of regularity (see People v Velasquez, 1 NY3d 44, 48 [2003]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.