Opinion
July 15, 1994
Appeal from the Monroe County Court, Marks, J.
Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The stipulation prepared following this Court's remittal (People v. Snell, 203 A.D.2d 933) reveals that defendant was neither present at a Sandoval conference nor at a Ventimiglia hearing. The stipulation further reveals that County Court ruled, in defendant's absence, that the People could cross-examine defendant about a prior felony conviction if he testified. Moreover, the court's Ventimiglia ruling was not favorable to defendant (see, People v. Snell, supra). Because defendant was not present at material stages of his trial, reversal is required (see, People v. Favor, 82 N.Y.2d 254; People v. Spotford, 196 A.D.2d 179).