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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
New York Court of Appeals·Decided November 19, 1992·Published·Cited by 19 cases

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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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).

607 N.E.2d 797 (People v. Gebrosky) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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