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People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1995
216 A.D.2d 85 (N.Y. App. Div. 1995)

Opinion

June 13, 1995

Appeal from the Supreme Court, Bronx County (Joseph A. Mazur, J.).


A Ventimiglia hearing ( People v. Ventimiglia, 52 N.Y.2d 350) was held with respect to prior bad acts by the defendant being used as part of the People's direct case.

The defendant was not present at the hearing and, as the Court of Appeals has just held, he had a right to be present ( People v Spotford, 85 N.Y.2d 593). Moreover, contrary to the People's argument, it cannot be said on the facts presented that defendant waived his right to be present or authorized counsel so to do.

Accordingly, defendant's conviction must be reversed and a new trial ordered.

Concur — Sullivan, J.P., Wallach, Kupferman, Nardelli and Williams, JJ.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1995
216 A.D.2d 85 (N.Y. App. Div. 1995)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR M. REYES…

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

Date published: Jun 13, 1995

Citations

216 A.D.2d 85 (N.Y. App. Div. 1995)
627 N.Y.S.2d 923