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People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 905 (N.Y. App. Div. 1994)

Opinion

February 4, 1994

Appeal from the Monroe County Court, Marks, J.

Present — Callahan, J.P., Green, Balio, Lawton and Boehm, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: The absence of defendant from the in-chambers Sandoval conference violated his right to be present at all material stages of his trial (see, People v. Favor, 82 N.Y.2d 254; People v Alexander, 80 N.Y.2d 801; People v. Dokes, 79 N.Y.2d 656). Because the court's in-chambers Sandoval ruling was not entirely favorable, defendant's absence from that conference cannot be viewed as wholly superfluous (see, People v. Favor, supra). Because there must be a new trial, we note that it was error for the prosecutor to question defendant regarding his pre-arrest failure to call the police regarding the incident (see, People v De George, 73 N.Y.2d 614, 619-620; People v. Conyers, 52 N.Y.2d 454).

Defendant's remaining contentions lack merit.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 905 (N.Y. App. Div. 1994)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN TAYLOR…

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

Date published: Feb 4, 1994

Citations

201 A.D.2d 905 (N.Y. App. Div. 1994)
607 N.Y.S.2d 806

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