Opinion
February 4, 1994
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Green, J.P., Balio, Lawton, Callahan and Doerr, JJ.
Judgment unanimously reversed on the law and new trial granted. Memorandum: The record at the reconstruction hearing ordered by this Court (see, People v. Williams, 189 A.D.2d 340, appeal dismissed sub nom. People v. Walker, 81 N.Y.2d 1065) establishes that defendant did not have the opportunity for "meaningful participation" to which he was entitled (People v. Favor, 82 N.Y.2d 254, 268). Furthermore, we conclude that defendant's presence at the conference would not have been "superfluous" (People v. Odiat, 82 N.Y.2d 872, 874; see, People v. Dokes, 79 N.Y.2d 656, 662).
We have reviewed defendant's remaining contentions and find them to be without merit.