Opinion
Argued November 20, 1992
Decided December 17, 1992
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Joseph A. Mazur, J.
William B. Carney, New York City, and Philip L. Weinstein, for appellant.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner and Susan L. Valle of counsel), for respondent, and for New York State District Attorneys Association, amicus curiae. Anthony J. Ferrara, New York City, for Association of the Bar of the City of New York, amicus curiae.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 N.Y.2d 371) in defendant's absence, requiring a new trial (see, People v Dokes, 79 N.Y.2d 656; People v Gebrosky, 80 N.Y.2d 995). It is therefore unnecessary to consider defendant's remaining contention.
Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.
Order reversed, etc.