Opinion
July 16, 1993
Appeal from the Supreme Court, Monroe County, Wesley, J.
Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.
Judgments unanimously reversed on the law and new trial granted. Memorandum: Defendant's absence from the in-chambers Sandoval hearing violated his constitutional and statutory right to be present at all material stages of his trial (see, US Const 6th, 14th Amends; N Y Const, art I, § 6; CPL 260.20; People v. Alexander, 80 N.Y.2d 801; People v. Dokes, 79 N.Y.2d 656; People v. Brown, 195 A.D.2d 1055 [decided herewith]; People v Dean, 188 A.D.2d 1082; People v. Kirkland, 188 A.D.2d 1083; People v. Eady, 185 A.D.2d 678, lv denied 80 N.Y.2d 929).
We have reviewed defendant's remaining contentions and find them to be without merit.