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People v. Cruz

81 N.Y.2d 738 Court N.Y. Decision date 1992-12-17 English

Contents

Majority

p. 738
The People of the State of New York, Respondent, v Roberto Cruz, Also Known as Jose Rodriguez, Appellant.
Argued November 20, 1992;
decided December 17, 1992
APPEARANCES OF COUNSEL
William B. Carney, New York City, and Philip L. Weinstein, for appellant.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner and Susan L. Valle of counsel), for respondent, and for New York State District Attorneys Association, amicus curiae.
p. 739
Anthony J. Ferrara, New York City, for Association of the Bar of the City of New York, amicus curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 NY2d 371 ) in defendant’s absence, requiring a new trial (see, People v Dokes, 79 NY2d 656 ; People v Gebrosky, 80 NY2d 995 ). It is therefore unnecessary to consider defendant’s remaining contention.

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., and Bellacosa concur in memorandum; Judge Smith taking no part.

Order reversed, etc.

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