People v. Beasley

607 N.E.2d 791, 80 N.Y.2d 981, 592 N.Y.S.2d 644, 1992 N.Y. LEXIS 3476
CourtNew York Court of Appeals
DecidedOctober 27, 1992
StatusPublished
Cited by23 cases

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.

Bluebook
People v. Beasley, 607 N.E.2d 791, 80 N.Y.2d 981, 592 N.Y.S.2d 644, 1992 N.Y. LEXIS 3476 (N.Y. 1992).

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MEMON, HAMID A., PEOPLE v
Appellate Division of the Supreme Court of New York, 2016
People v. Memon
145 A.D.3d 1492 (Appellate Division of the Supreme Court of New York, 2016)
People v. Terraine Slide
76 A.D.2d 1106 (Appellate Division of the Supreme Court of New York, 2010)
People v. Montoya
63 A.D.3d 961 (Appellate Division of the Supreme Court of New York, 2009)
People v. Marrow
301 A.D.2d 673 (Appellate Division of the Supreme Court of New York, 2003)
People v. Vincent
212 A.D.2d 828 (Appellate Division of the Supreme Court of New York, 1995)
People v. Florence
204 A.D.2d 1036 (Appellate Division of the Supreme Court of New York, 1994)
People v. Spotford
196 A.D.2d 179 (Appellate Division of the Supreme Court of New York, 1994)
People v. Hall
201 A.D.2d 891 (Appellate Division of the Supreme Court of New York, 1994)
People v. Krouth
201 A.D.2d 912 (Appellate Division of the Supreme Court of New York, 1994)
People v. Favor
624 N.E.2d 631 (New York Court of Appeals, 1993)
People v. Brockenshire
197 A.D.2d 921 (Appellate Division of the Supreme Court of New York, 1993)
People v. Brown
195 A.D.2d 1055 (Appellate Division of the Supreme Court of New York, 1993)
People v. Mitchell
189 A.D.2d 337 (Appellate Division of the Supreme Court of New York, 1993)
People v. Towndrow
187 A.D.2d 194 (Appellate Division of the Supreme Court of New York, 1993)
Board of Education v. Christa Construction, Inc.
608 N.E.2d 756 (New York Court of Appeals, 1993)
People v. Dean
188 A.D.2d 1082 (Appellate Division of the Supreme Court of New York, 1992)
People v. Kirkland
188 A.D.2d 1083 (Appellate Division of the Supreme Court of New York, 1992)
People v. Yulfo
188 A.D.2d 338 (Appellate Division of the Supreme Court of New York, 1992)
People v. Gebrosky
607 N.E.2d 797 (New York Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
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.