Majority
p. 986The People of the State of New York, Respondent, v Burnie E. Daniels, Appellant. (Appeal No. 1.) [612 NYS2d 696]
p. 987
—Judgment unanimously reversed on the law and new trial granted. Memorandum: Because he was absent from the Sandoval hearing, defendant was deprived of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 NY2d 656 , 662; People v Hall, 201 AD2d 891 ). Contrary to the People’s contention, defendant’s presence at the Sandoval hearing would not have been superfluous (see, People v Odiat, 82 NY2d 872 ; People v Favor, 82 NY2d 254 ). (Appeal from Judgment of Monroe County Court, Marks, J. — Petit Larceny.) Present — Green, J. P., Balio, Law-ton, Doerr and Boehm, JJ.
Cases cited
- People v. Dokes 79 NY2d 656 at 662 p. 987
- People v. Hall 201 AD2d 891 p. 987
- People v. Odiat 82 NY2d 872 p. 987
- People v. Favor 82 NY2d 254 p. 987