Opinion
December 23, 1994
Appeal from the Onondaga County Court, Cunningham, J.
Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant's absence from the Sandoval conference deprived defendant of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 N.Y.2d 656, 662; see also, People v Cruz, 81 N.Y.2d 738; People v Dincher, 201 A.D.2d 892, lv denied 83 N.Y.2d 851). Because County Court's in-chambers Sandoval ruling was not wholly favorable to defendant (see, People v Michalek, 82 N.Y.2d 906, 907; People v Favor, 82 N.Y.2d 254, 267), defendant's presence at that conference would not have been "superfluous" (People v Odiat, 82 N.Y.2d 872, 874; see, People v Favor, supra; People v Taylor, 201 A.D.2d 905, lv denied 83 N.Y.2d 877).
In view of our determination, we do not consider the remaining issues raised by defendant.