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People v. Gebrosky

607 N.E.2d 797, 80 N.Y.2d 995, 592 N.Y.S.2d 650, 1992 N.Y. LEXIS 3892
CourtNew York Court of Appeals
DecidedNovember 19, 1992
StatusPublished
Cited by19 cases

This text of 607 N.E.2d 797 (People v. Gebrosky) 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. Gebrosky, 607 N.E.2d 797, 80 N.Y.2d 995, 592 N.Y.S.2d 650, 1992 N.Y. LEXIS 3892 (N.Y. 1992).

Opinion

OPINION OF THE COURT

Memorandum.

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

Defendant’s absence from a material part of his Sandoval hearing (People v Sandoval, 34 NY2d 371) violated his right to be present at all material stages of his trial (People v Beasley, 80 NY2d 981; People v Dokes, 79 NY2d 656). The issue is reviewable, despite defendant’s failure to object, and the People’s contention that this case involves exceptional circumstances rendering defendant’s presence "superfluous” is unavailing (People v Dokes, supra, at 662).

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur in memorandum.

Order reversed, etc.

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Bluebook (online)
607 N.E.2d 797, 80 N.Y.2d 995, 592 N.Y.S.2d 650, 1992 N.Y. LEXIS 3892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gebrosky-ny-1992.