People v. Beasley
This text of 607 N.E.2d 791 (People v. Beasley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed (see, People v Dokes, 79 NY2d 656).
Defendant’s failure to raise an objection when the trial court proceeded to conduct a Sandoval (People v Sandoval, 34 NY2d 371) hearing in his absence is not an obstacle to our review (People v Dokes, supra, at 662). Since his presence was required at this material stage, which in the circumstances of this case inferentially and directly affected the prosecutor’s trial strategy to cross-examine defendant with respect to drug-related activities — he had no prior criminal convictions, as was brought out at the Sandoval hearing and decision — the Appellate Division correctly reversed and ordered a new trial.
Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.
On review of submissions pursuant to section 500.4 of the [983]*983Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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Cite This Page — Counsel Stack
607 N.E.2d 791, 80 N.Y.2d 981, 592 N.Y.S.2d 644, 1992 N.Y. LEXIS 3476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-beasley-ny-1992.