Opinion
405.1 KA 13–00204
03-16-2018
The PEOPLE of the State of New York, Respondent, v. Clarence E. COOPER, III, Defendant–appellant.
DAVISON LAW OFFICE, PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (JOSEPH R. PLUKAS OF COUNSEL), FOR RESPONDENT.
DAVISON LAW OFFICE, PLLC, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (JOSEPH R. PLUKAS OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:Defendant appeals from a judgment convicting him after a jury trial of, inter alia, burglary in the second degree ( Penal Law § 140.25[2] ). As the People correctly concede, reversal is required. The record establishes that defendant was excluded from Supreme Court's Sandoval conference (see generally People v. Dokes, 79 N.Y.2d 656, 662, 584 N.Y.S.2d 761, 595 N.E.2d 836 [1992] ) and, because "[t]he court's Sandoval ruling in this case was not wholly favorable to defendant, ... ‘it cannot be said that defendant's presence at the hearing would have been superfluous' " ( People v. Gardner, 144 A.D.3d 1546, 1547, 40 N.Y.S.3d 843 [4th Dept. 2016] ; see generally People v. Odiat, 82 N.Y.2d 872, 874, 609 N.Y.S.2d 166, 631 N.E.2d 108 [1993] ).
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.