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People v. James

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1998
252 A.D.2d 979 (N.Y. App. Div. 1998)

Opinion

July 8, 1998

Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J. — Burglary, 1st Degree.

Present — Lawton, J. P., Wisner, Callahan and Boehm, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: We reserved decision and remitted this matter to Supreme Court for a reconstruction hearing on the issue whether defendant was present at the Sandoval hearing ( People v. James, 245 A.D.2d 1115). The record of the reconstruction hearing supports the court's determination that the Sandoval hearing was held outside of defendant's presence ( see, People v. Evans, 232 A.D.2d 424, lv denied 89 N.Y.2d 921). Because the Sandoval ruling was not entirely in defendant's favor, the judgment of conviction must be reversed ( see, People v. Favor, 82 N.Y.2d 254, 267, rearg denied 83 N.Y.2d 801). In view of our decision, we do not address defendant's remaining contentions.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1998
252 A.D.2d 979 (N.Y. App. Div. 1998)
Case details for

People v. James

Case Details

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

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

Date published: Jul 8, 1998

Citations

252 A.D.2d 979 (N.Y. App. Div. 1998)
674 N.Y.S.2d 598

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