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People v. Wiley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 939 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Onondaga County Court, Cunningham, J.

Present — Green, J.P., Lawton, Callahan, Doerr and Boehm, JJ.


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 Wiley, 193 A.D.2d 1062, lv dismissed 82 N.Y.2d 728) in accordance with our decision in People v Mitchell ( 189 A.D.2d 337; 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 hearing 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).


Summaries of

People v. Wiley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 939 (N.Y. App. Div. 1994)
Case details for

People v. Wiley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICOLAS WILEY…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 939 (N.Y. App. Div. 1994)
612 N.Y.S.2d 1023