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Bullard v. Fischer

Defendant does not have an absolute right to be present at all sidebar discussions held at trial.

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Judge Sweet

BULLARD v. FISCHER — Petitioner pro se Joseph Bullard (“Bullard” or “Petitioner”), currently incarcerated at Sing Sing Correctional Facility, Ossining, New York, seeks by writ of habeas corpus, pursuant to 28 U.S.C. §2254, to vacate his conviction for Attempted Aggravated Assault Upon a Police Officer (New York Penal Law §110/120.11), Criminal Possession of a Weapon in the Second Degree (New York Penal Law §265.03[2]), and Criminal Possession of a Weapon in the Third Degree (New York Penal Law §265.02[4]). The respondent Brian S. Fischer, Superintendent (the “State”) has opposed the Petitioner’s application which is denied for the reasons set forth below.

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