People v. Gebrosky

Court: New York Court of Appeals
Date filed: 1992-11-19
Citations: 80 N.Y.2d 995, 592 N.Y.S.2d 650, 607 N.E.2d 797, 1992 N.Y. LEXIS 3892
Copy Citations
1 Citing Case
Lead Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant’s absence from a material part of his Sandoval hearing (People v Sandoval, 34 NY2d 371) violated his right to be present at all material stages of his trial (People v Beasley, 80 NY2d 981; People v Dokes, 79 NY2d 656). The issue is reviewable, despite defendant’s failure to object, and the People’s contention that this case involves exceptional circumstances rendering defendant’s presence "superfluous” is unavailing (People v Dokes, supra, at 662).

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur in memorandum.

Order reversed, etc.