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People v. Dincher

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 892 (N.Y. App. Div. 1994)

Opinion

February 4, 1994

Appeal from the Monroe County Court, Marks, J.

Present — Denman, P.J., Callahan, Balio, Fallon and Davis, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: The record of the reconstruction hearing (see, People v. Mitchell, 189 A.D.2d 337, lv dismissed sub nom. People v Walker, 81 N.Y.2d 1065) reveals that defendant was not present at the Sandoval conference. The record further reveals that the court ruled, in defendant's absence, that the People could cross-examine defendant about a prior felony conviction if he testified. Because defendant was not present at a material stage of the trial, reversal is required (see, People v. Favor, 82 N.Y.2d 254).

We have considered the other arguments raised by defendant and conclude that they are without merit.


Summaries of

People v. Dincher

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 892 (N.Y. App. Div. 1994)
Case details for

People v. Dincher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DINCHER…

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

Date published: Feb 4, 1994

Citations

201 A.D.2d 892 (N.Y. App. Div. 1994)
610 N.Y.S.2d 898

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