Opinion
June 15, 1992
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the branch of the defendant's omnibus motion which was to suppress physical evidence, after a de novo suppression hearing, and the appeals are held in abeyance in the interim; the Supreme Court is directed to file its report with this court with all convenient speed.
The People concede that the court erred in conducting portions of the defendant's suppression hearing in his absence and over the defense counsel's objections. Accordingly, the matter must be remitted for a de novo suppression hearing (cf., People v. Barton, 164 A.D.2d 917; People v. Ocasio, 134 A.D.2d 293; People v. Robinson, 118 A.D.2d 516). The People's contention that the foregoing claim of error was forfeited upon the entry of his pleas is without merit (see, CPL 710.70), as is their alternate assertion that the claim was waived (cf., People v. Parker, 57 N.Y.2d 136, 140; People v. Gaines, 144 A.D.2d 941). Thompson, J.P., Bracken, O'Brien and Santucci, JJ., concur.