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People v. Wiley

203 A.D.2d 939, 612 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 4946
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 15, 1994
StatusPublished

This text of 203 A.D.2d 939 (People v. Wiley) 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. Wiley, 203 A.D.2d 939, 612 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 4946 (N.Y. Ct. App. 1994).

Opinion

—Judgment unanimously reversed on the law and new trial granted. Memorandum: We reserved decision and remitted this matter to Onondaga County Court for a reconstruction hearing (see, People v Wiley, 193 AD2d 1062, lv dismissed 82 NY2d 728) in accordance with our decision in People v Mitchell (189 AD2d 337; see also, People v Michalek, 82 NY2d 906). The record of the reconstruction hearing does not support a finding that defendant was present at the Sandoval hearing and, therefore, reversal is required (see, People v Dokes, 79 NY2d 656, 662; see also, People v Cruz, 81 NY2d 738; People v Gebrosky, 80 NY2d 995).

Contrary to the People’s contention, defendant’s presence would not have been "superfluous” (People v Odiat, 82 NY2d 872, 874; see, People v Favor, 82 NY2d 254). (Resubmission of [940]*940Appeal from Judgment of Onondaga County Court, Cunningham, J. — Sodomy, 1st Degree.) Present — Green, J. P., Lawton, Callahan, Doerr 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. Gebrosky
607 N.E.2d 797 (New York Court of Appeals, 1992)
People v. Cruz
609 N.E.2d 120 (New York Court of Appeals, 1992)
People v. Mitchell
189 A.D.2d 337 (Appellate Division of the Supreme Court of New York, 1993)
People v. Wiley
193 A.D.2d 1062 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
203 A.D.2d 939, 612 N.Y.S.2d 1023, 1994 N.Y. App. Div. LEXIS 4946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wiley-nyappdiv-1994.