Opinion
March 3, 1994
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
We agree with defendant's argument and the People's concession that defendant's absence during the hearing where it was determined that he violated a condition of his plea is reversible error, mandating vacatur (see, People v. Turaine, 78 N.Y.2d 871; People v. Outley, 80 N.Y.2d 702, 712). We therefore vacate defendant's sentence, and remand to the Supreme Court for further proceedings.
Concur — Sullivan, J.P., Ross, Asch, Rubin and Tom, JJ.