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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 4 (N.Y. App. Div. 1993)

Opinion

November 4, 1993

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


The record indicates that an off-the-record, sidebar Sandoval hearing was conducted in defendant's absence. Since defendant never expressly waived his presence at the Sandoval hearing, and his presence at the Sandoval hearing could not have been "superfluous" in view of the fact that the People were permitted to question him concerning the underlying facts of two prior felony convictions, defendant's right to be present at all material stages of a trial was violated (People v Dokes, 79 N.Y.2d 656; People v Salda, 193 A.D.2d 548).

Concur — Murphy, P.J., Kassal, Rubin and Nardelli, JJ.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 4 (N.Y. App. Div. 1993)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON GARCIA, Appellant

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

Date published: Nov 4, 1993

Citations

198 A.D.2d 4 (N.Y. App. Div. 1993)
603 N.Y.S.2d 145

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