Opinion
October 2, 1998
Appeal from Judgment of Onondaga County Court, Cunningham, J. — Criminal Sale Controlled Substance, 1st Degree.
Present — Denman, P. J., Green, Wisner, Balio and Fallon, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: We affirmed defendant's judgment of conviction ( People v. Stokes, 198 A.D.2d 847, lv denied 82 N.Y.2d 931), and defendant thereafter moved for a writ of error coram nobis on the ground that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal. We granted the motion, vacated the prior order that affirmed the judgment of conviction and directed that the appeal be heard de novo ( People v. Stokes, 242 A.D.2d 975). The record contains an affidavit in which trial counsel avers that defendant was not present at the in-chambers Sandoval conferences. The People do not contend that defendant was present, nor do they request a reconstruction hearing. Because defendant's presence at the Sandoval conferences would not have been superfluous, the judgment of conviction must be reversed ( see, People v. Favor, 82 N.Y.2d 254, rearg denied 83 N.Y.2d 801; People v. Dokes, 79 N.Y.2d 656; People v. Stokes [appeal No. 1], 239 A.D.2d 955, lv denied 91 N.Y.2d 881; People v. Walker, 210 A.D.2d 1002) and a new trial granted. We have reviewed defendant's remaining contentions and conclude that they are without merit.