People v. Dincher

Appellate Division of the Supreme Court of New York

People v. Dincher

201 A.D.2d 892, 610 N.Y.S.2d 898, 1994 N.Y. App. Div. LEXIS 2055

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 1994

StatusPublished

Cited by4 cases

This text of 201 A.D.2d 892 (People v. Dincher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dincher, 201 A.D.2d 892, 610 N.Y.S.2d 898, 1994 N.Y. App. Div. LEXIS 2055 (N.Y. Ct. App. 1994).

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Opinion

Judgment unanimously reversed on the law and new trial granted. Memorandum: The record of the reconstruction hearing (see, People v Mitchell, 189 AD2d 337, lv dismissed sub nom. People v Walker, 81 NY2d 1065) reveals that defendant was not present at the Sandoval conference. The record further reveals that the court ruled, in defendant’s absence, that the People could cross-examine defendant about a prior felony conviction if he testified. Because defendant was not present at a material stage of the trial, reversal is required (see, People v Favor, 82 NY2d 254).

We have considered the other arguments raised by defendant and conclude that they are without merit. (Appeal from Judgment of Monroe County Court, Marks, J. — Assault, 2nd Degree.) Present — Denman, P. J., Callahan, Balio, Fallon and Davis, JJ.

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Judgment unanimously reversed on the law and new trial granted. Memorandum: The record of the reconstruction hearing (see, People v Mitchell, 189 AD2d 337, lv dismissed sub nom. People v Walker, 81 NY2d 1065) reveals that defendant was not present at the Sandoval conference. The record further reveals that the court ruled, in defendant’s absence, that the People could cross-examine defendant about a prior felony conviction if he testified. Because defendant was not present at a material stage of the trial, reversal is required (see, People v Favor, 82 NY2d 254).

We have considered the other arguments raised by defendant and conclude that they are without merit. (Appeal from Judgment of Monroe County Court, Marks, J. — Assault, 2nd Degree.) Present — Denman, P. J., Callahan, Balio, Fallon and Davis, JJ.

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Bluebook (online)

201 A.D.2d 892, 610 N.Y.S.2d 898, 1994 N.Y. App. Div. LEXIS 2055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dincher-nyappdiv-1994.

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