10. See People v. Hardy, 4 N.Y.3d 192, 199 (2005).
11. "Transcript: Day One of the Roberts Hearings." Washington Post, Sept. 13, 2005. Retrieved Jan. 28, 2013 at http://www.washingtonpost.com/wp-dyn/content/article/2005/09/13/AR2005091300693.html.
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Steve Lubowitz
Most sidebars are not on the record, so it is not preserved. Can't ask for every sidebar to be on the record. Most Judges will tell you to make a record during a break in testimony. Should use sparingly.
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