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People v. Cruz

609 N.E.2d 120, 81 N.Y.2d 738, 593 N.Y.S.2d 767, 1992 N.Y. LEXIS 4223
CourtNew York Court of Appeals
DecidedDecember 17, 1992
StatusPublished
Cited by17 cases

This text of 609 N.E.2d 120 (People v. Cruz) 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. Cruz, 609 N.E.2d 120, 81 N.Y.2d 738, 593 N.Y.S.2d 767, 1992 N.Y. LEXIS 4223 (N.Y. 1992).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 NY2d 371) in defendant’s absence, requiring a new trial (see, People v Dokes, 79 NY2d 656; People v Gebrosky, 80 NY2d 995). It is therefore unnecessary to consider defendant’s remaining contention.

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., and Bellacosa concur in memorandum; Judge Smith taking no part.

Order reversed, etc.

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Bluebook (online)
609 N.E.2d 120, 81 N.Y.2d 738, 593 N.Y.S.2d 767, 1992 N.Y. LEXIS 4223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-ny-1992.