Nicole Buonincontri vs. The People, No. 198 SSM 28 (N.Y. 2005)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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2 No. 198 SSM 28

The People &c., Respondent, v. Nicole Buonincontri, Appellant.

Submitted by Labe M. Richman, for appellant.

Submitted by Ellen O'Hara Woods, for respondent.

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]).

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided December 15, 2005

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