Opinion
March 11, 1994
Appeal from the Monroe County Court, Egan, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The People concede that defendant was not present when the trial court conducted an in-chambers Sandoval hearing. After that hearing, the court permitted the prosecutor to question defendant concerning the act underlying a prior robbery charge. Because his presence at that hearing would not have been superfluous (see, People v. Odiat, 82 N.Y.2d 872; People v Favor, 82 N.Y.2d 254, 267; People v. Dokes, 79 N.Y.2d 656, 661), defendant was denied the right to be present at a material stage of the trial and a new trial is required (People v. Dokes, supra). Under the circumstances, we do not reach the remaining issue raised by defendant.