Opinion
Decided October 27, 1992
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John J. Connell, J. Howard R. Relin, District Attorney of Monroe County, Rochester (Robert Mastrocola of counsel), for appellant.
Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed (see, People v Dokes, 79 N.Y.2d 656).
Defendant's failure to raise an objection when the trial court proceeded to conduct a Sandoval (People v Sandoval, 34 N.Y.2d 371) hearing in his absence is not an obstacle to our review (People v Dokes, supra, at 662). Since his presence was required at this material stage, which in the circumstances of this case inferentially and directly affected the prosecutor's trial strategy to cross-examine defendant with respect to drug-related activities — he had no prior criminal convictions, as was brought out at the Sandoval hearing and decision — the Appellate Division correctly reversed and ordered a new trial.
Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.