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People v. Durda

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
259 A.D.2d 996 (N.Y. App. Div. 1999)

Opinion

March 31, 1999

Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Criminal Possession Controlled Substance, 3rd Degree.


Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at a Ventimiglia proceeding held off the record. Because the outcome of the proceeding was not entirely favorable to defendant, we cannot conclude from this record that defendant's presence would have been superfluous ( see, People v. Favor, 82 N.Y.2d 254, 267, rearg denied 83 N.Y.2d 801). We therefore remit the matter to Supreme Court for a reconstruction hearing ( see, People v. Michalek, 82 N.Y.2d 906, 907; People v. Baxter, 216 A.D.2d 931; People v. Johnson, 206 A.D.2d 874, 875).

Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Callahan, JJ.


Summaries of

People v. Durda

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
259 A.D.2d 996 (N.Y. App. Div. 1999)
Case details for

People v. Durda

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DURDA, Appellant

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

Date published: Mar 31, 1999

Citations

259 A.D.2d 996 (N.Y. App. Div. 1999)
703 N.Y.S.2d 926

Citing Cases

People v. Durda

Memorandum: Upon remittitur to Supreme Court for a reconstruction hearing (People v. Durda, 259 A.D.2d 996…