Opinion
2001-06055
Submitted April 15, 2002.
June 10, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered April 6, 1989, convicting him of murder in the second degree, robbery in the first degree (three counts), robbery in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Stanley Neustadter, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N Y (John M. Castellano, Johnnette Traill, and Jerry Marti of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not conduct a Sandoval hearing (see People v. Sandoval, 34 N.Y.2d 371) in his absence, thereby depriving him of his right to be present at all material stages of his trial. During a conference conducted in chambers, the court merely adopted a prior Sandoval ruling; it did not conduct a hearing or consider the Sandoval application de novo (cf. People v. Dokes, 79 N.Y.2d 656; People v. Geddes, 207 A.D.2d 987). Since there was no potential for additional meaningful input by the defendant, his presence would have been wholly superfluous (see People v. Favor, 82 N.Y.2d 254, 268; People v. McMoore, 214 A.D.2d 893, 894).
SANTUCCI, J.P., ALTMAN, S. MILLER and McGINITY, JJ., concur.