From Casetext: Smarter Legal Research

People v. Dean

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1992
188 A.D.2d 1082 (N.Y. App. Div. 1992)

Opinion

December 30, 1992

Appeal from the Wayne County Court, Sirkin, J.

Present — Boomer, J.P., Pine, Lawton, Boehm and Fallon, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: Reversal is required because defendant's absence from the in-chambers Sandoval hearing deprived him of his constitutional right to be present during all material stages of the trial (see, People v Dokes, 79 N.Y.2d 656, 662; People v Beasley, 80 N.Y.2d 981; People v Kirkland, 188 A.D.2d 1083 [decided herewith]). The fact that the court made its Sandoval ruling in defendant's presence is insufficient to satisfy defendant's right to be present at the Sandoval hearing (see, People v Gebrosky, 80 N.Y.2d 995, revg 181 A.D.2d 692; People v Eady, 185 A.D.2d 678).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Dean

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1992
188 A.D.2d 1082 (N.Y. App. Div. 1992)
Case details for

People v. Dean

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAVERNE DEAN, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 30, 1992

Citations

188 A.D.2d 1082 (N.Y. App. Div. 1992)
592 N.Y.S.2d 187

Citing Cases

People v. Young

Memorandum: Defendant's absence from the in-chambers Sandoval hearing violated his constitutional and…

People v. Russell

Judgment unanimously affirmed. Memorandum: We reject the contention that defendant's absence during a…