Opinion
July 16, 1993
Appeal from the Monroe County Court, Wisner, J.
Present — Callahan, J.P., Green, Pine, Boehm and Doerr, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: While his direct appeal was pending, defendant moved in Supreme Court for an order settling the record to reflect the fact that a Sandoval conference was held in chambers in his absence. The court granted that motion and we affirm (People v Browne, 195 A.D.2d 1055 [decided herewith]). Because defendant's presence at that conference would not have been superfluous, his exclusion requires reversal (see, People v. Dokes, 79 N.Y.2d 656, 662; People v. Kirkland, 188 A.D.2d 1083).
We have examined defendant's remaining arguments on appeal and find them to be without merit.