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.