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People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1063 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Wayne County Court, Sirkin, J.

Present — Callahan, J.P., Pine, Fallon, Doerr and Boehm, JJ.


Judgment unanimously reversed on the law and new trial granted. Memorandum: A reconstruction hearing disclosed that defendant was not present in chambers during a Sandoval conference. The court made a Sandoval ruling in the courtroom immediately before trial, permitting the use of some convictions for cross-examination. Defendant did not testify. Because defendant did not have an opportunity to make "a meaningful contribution", reversal is required (People v Favor, 82 N.Y.2d 254, 267; see, People v Dokes, 79 N.Y.2d 656).


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1063 (N.Y. App. Div. 1993)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBERT FOSTER…

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 1063 (N.Y. App. Div. 1993)
608 N.Y.S.2d 909

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