Opinion
March 11, 1994
Appeal from the Monroe County Court, Marks, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: Because he was absent from the Sandoval hearing, defendant was deprived 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; People v. Hall, 201 A.D.2d 891). Contrary to the People's contention, defendant's presence at the Sandoval hearing would not have been superfluous (see, People v. Odiat, 82 N.Y.2d 872; People v. Favor, 82 N.Y.2d 254).