Opinion
February 4, 1994
Appeal from the Monroe County Court, Marks, J.
Present — Callahan, J.P., Green, Balio, Lawton and Boehm, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The absence of defendant from the in-chambers Sandoval conference violated his right to be present at all material stages of his trial (see, People v. Favor, 82 N.Y.2d 254; People v Alexander, 80 N.Y.2d 801; People v. Dokes, 79 N.Y.2d 656). Because the court's in-chambers Sandoval ruling was not entirely favorable, defendant's absence from that conference cannot be viewed as wholly superfluous (see, People v. Favor, supra). Because there must be a new trial, we note that it was error for the prosecutor to question defendant regarding his pre-arrest failure to call the police regarding the incident (see, People v De George, 73 N.Y.2d 614, 619-620; People v. Conyers, 52 N.Y.2d 454).
Defendant's remaining contentions lack merit.