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People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 975 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Monroe County Court, Marks, J.

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


Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was not present for the Sandoval proceeding when the court ruled that he could be cross-examined with respect to two prior convictions. Defendant's absence from that proceeding deprived defendant of his right to be present during all material stages of his trial (CPL 260.20; People v Dokes, 79 N.Y.2d 656). Such a violation requires reversal (People v Favor, 82 N.Y.2d 254).


Summaries of

People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 975 (N.Y. App. Div. 1993)
Case details for

People v. Balkum

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON BALKUM, Appellant

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 975 (N.Y. App. Div. 1993)
608 N.Y.S.2d 925

Citing Cases

People v. Ballard

The record establishes that defendant was not present during County Court's in-chambers Sandoval conference…