People v. Williams

Judgment unanimously reversed on the law and new trial granted. Memorandum: The record at the reconstruction hearing ordered by this Court (see, People v Williams, 189 AD2d 340 , appeal dismissed sub nom. People v Walker, 81 NY2d 1065 ) establishes that defendant did not have the opportunity for "meaningful participation” to which he was entitled (People v Favor, 82 NY2d 254 , 268). Furthermore, we conclude that defendant’s presence at the conference would not have been "superfluous” (People v Odiat, 82 NY2d 872 , 874; see, People v Dokes, 79 NY2d 656 , 662).

We have reviewed defendant’s remaining contentions and find them to be without merit. (Resubmission of Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J.— Burglary, 2nd Degree.) Present — Green, J. P., Balio, Lawton, Callahan and Doerr, JJ.