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1
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OPINION
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EXTRACTED KEY WORDS
MEMORANDUM NY2D RESPONDENT DOKES JUDGE JOSEPH GEBROSKY PUBLICATION YORK REPORTS PAUL LEWIS APPELLATE DIVISION ABSENCE SANDOVAL HEARING MATERIAL STAGES BEASLEY SLIP OPN DESPITE FAILURE CONTENTION RENDERING PRESENCE UNAVAILING SUPRA ACTING CHIEF JUDGE CHIEF JUDGE SIMONS JUDGES KAYE TITONE HANCOCK BELLACOSA SMITH CONCUR |
THE PEOPLE &C., RESPONDENT, v. JOSEPH GEBROSKY, APPELLANT.
80 N.Y.2d 995, 607 N.E.2d 797, 592 N.Y.S.2d 650 (1992).
November 19, 1992
2 No. 243
Decided November 19, 1992
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Paul Lewis, for Appellant.
Faith Crouchly, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed and a new trial
ordered.
Defendant's absence from a material part of his Sandoval hearing
(People v Sandoval, 34 NY2d 371) violated his right to be present at
all material stages of his trial (People v Beasley, __ NY2d __ (Slip
opn, decided 10-27-92); People v Dokes, 79 NY2d 656). The issue is
reviewable, despite defendant's failure to object, and the People's
contention that this case involves exceptional circumstances rendering
defendant's presence "superfluous" is unavailing (People v Dokes,
supra, at 662).
* * * * * * * * * * * * * * * * *
Order reversed and a new trial ordered in a memorandum. Acting Chief
Judge Simons and Judges Kaye, Titone, Hancock, Bellacosa and Smith
concur.
SNIPPETS:
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