People v. Walker

Full title: The PEOPLE, etc., Respondent, v. Frederick E. WALKER, Appellant.

Court: Court of Appeals of New York.

Date published: Dec 20, 2011

962 N.E.2d 261 (N.Y. 2011)

962 N.E.2d 261

938 N.Y.S.2d 838

2011 N.Y. Slip Op. 9165

Opinion

2011-12-20

The PEOPLE, etc., Respondent, v. Frederick E. WALKER, Appellant.

James S. Hinman, P.C., Rochester (James S. Hinman of counsel), for appellant. **839 Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK

James S. Hinman, P.C., Rochester (James S. Hinman of counsel), for appellant. **839 Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified and case remitted to Supreme Court, Monroe County, for further proceedings, and as so modified, affirmed. We conclude that on this record defendant satisfied his burden of showing that a reconstruction hearing is necessary to determine whether he was present during the Sandoval hearing. Upon remittal, if it is determined that defendant was not present during the Sandoval hearing, a new trial must be ordered; if it is determined that defendant was present, the judgment of conviction should be amended to reflect that result.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur. Judge PIGOTT took no part.