People v. Russin

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER RUSSIN, Appellant

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

Date published: Apr 15, 1994

203 A.D.2d 900 (N.Y. App. Div. 1994)

612 N.Y.S.2d 1014

Opinion

April 15, 1994

Appeal from the Niagara County Court, Hannigan, J.

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

Judgment unanimously reversed on the law and new trial granted. Memorandum: Because he was absent from the Sandoval hearing, defendant was deprived of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 N.Y.2d 656, 662; People v Daniels, 202 A.D.2d 986).

In view of our determination, we do not address defendant's remaining contentions.