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.