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People v. Givens

210 A.D.2d 937, 620 N.Y.S.2d 669, 1994 N.Y. App. Div. LEXIS 13409
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 23, 1994
StatusPublished

This text of 210 A.D.2d 937 (People v. Givens) 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. Givens, 210 A.D.2d 937, 620 N.Y.S.2d 669, 1994 N.Y. App. Div. LEXIS 13409 (N.Y. Ct. App. 1994).

Opinion

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant’s absence from the Sandoval conference deprived defendant of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 NY2d 656, 662; see also, People v Cruz, 81 NY2d 738; People v Dincher, 201 AD2d 892, lv denied 83 NY2d 851). Because County Court’s in-ehambers Sandoval ruling was not wholly favorable to defendant (see, People v Michalek, 82 NY2d 906, 907; People v Favor, 82 NY2d 254, 267), defendant’s presence at that conference would not have been "superfluous” (People v Odiat, 82 NY2d 872, 874; see, People v Favor, supra; People v Taylor, 201 AD2d 905, lv denied 83 NY2d 877).

In view of our determination, we do not consider the remaining issues raiséd by defendant. (Appeal from Judgment of Onondaga County Court, Cunningham, J.—Criminal Sale Controlled Substance, 1st Degree.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

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Related

People v. Odiat
631 N.E.2d 108 (New York Court of Appeals, 1993)
People v. Michalek
631 N.E.2d 114 (New York Court of Appeals, 1994)
People v. Favor
624 N.E.2d 631 (New York Court of Appeals, 1993)
People v. Dokes
595 N.E.2d 836 (New York Court of Appeals, 1992)
People v. Cruz
609 N.E.2d 120 (New York Court of Appeals, 1992)
People v. Dincher
201 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1994)
People v. Taylor
201 A.D.2d 905 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
210 A.D.2d 937, 620 N.Y.S.2d 669, 1994 N.Y. App. Div. LEXIS 13409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-givens-nyappdiv-1994.