People v. Cruz
609 N.E.2d 120, 81 N.Y.2d 738, 593 N.Y.S.2d 767, 1992 N.Y. LEXIS 4223
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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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).
609 N.E.2d 120 (People v. Cruz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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