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People v. Lozado

300 A.D.2d 147 Court N.Y. App. Div. Decision date 2002-12-19 English

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p. 147
The People of the State of New York, Respondent, v Angel Lozado, Appellant.
[751 NYS2d 728]

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered August 26, 1999, convicting defendant, after a jury trial, of intimidating a witness in the first degree and assault in the second degree and sentencing him to concurrent indeterminate prison terms of 10 to 20 years and 3¥2 to 7 years, respectively, unanimously reversed, on the law, and the matter remanded for a new trial.

Defendant’s absence from an off-the-record conference of

p. 148
which the subject was the scope and substance of a witness’s identification testimony, i.e., a material stage of the trial at which defendant’s presence would have had a substantial effect on his ability to defend against the charges, requires reversal of his conviction (People v Casiano, 294 AD2d 277 [reversing conviction of codefendant on grounds of his absence from same conference], lv denied 98 NY2d 767 ). Concur — Williams, P.J., Ellerin, Rubin, Marlow and Gonzalez, JJ.

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