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People v. Ballard

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 967 (N.Y. App. Div. 1994)

Opinion

February 4, 1994

Appeal from the Onondaga County Court, Cunningham, J.

Present — Balio, J.P., Callahan, Doerr and Boehm, JJ. [As amended by unpublished order entered Apr. 15, 1994.]


Judgment unanimously reversed on the law and new trial granted. Memorandum: We reserved decision and remitted this matter to Onondaga County Court for a reconstruction hearing (see, People v. Ballard, 189 A.D.2d 340, appeal dismissed sub nom. People v Walker, 81 N.Y.2d 1065) in accordance with our decision in People v. Mitchell ( 189 A.D.2d 337, lv dismissed sub nom. People v Walker, 81 N.Y.2d 1065; see also, People v. Michalek, 82 N.Y.2d 906). The record of the reconstruction hearing does not support a finding that defendant was present at the Sandoval conference and, therefore, reversal is required (see, People v. Dokes, 79 N.Y.2d 656, 662; see also, People v. Cruz, 81 N.Y.2d 738; People v Gebrosky, 80 N.Y.2d 995). Contrary to the People's contention, defendant's presence would not have been "superfluous" (People v Odiat, 82 N.Y.2d 872, 874; see, People v. Favor, 82 N.Y.2d 254).

We have considered defendant's remaining contentions, including those raised in the pro se supplemental brief, and find them to be without merit.


Summaries of

People v. Ballard

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 967 (N.Y. App. Div. 1994)
Case details for

People v. Ballard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOCK BALLARD, Appellant

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

Date published: Feb 4, 1994

Citations

201 A.D.2d 967 (N.Y. App. Div. 1994)
610 N.Y.S.2d 912