Opinion
December 8, 1992
Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).
Although the People contend that the defendant failed to "indisputably" establish his absence from the Sandoval (People v Sandoval, 34 N.Y.2d 371) hearing, the record reveals that the hearing was held in the robing room with only "court and counsel."
We find that the defendant's presence was required at the Sandoval hearing, a material stage of the proceedings (People v Beasley, 80 N.Y.2d 981; People v Dokes, 79 N.Y.2d 656), which assessed and resolved the prosecutor's entitlement to cross examine the defendant with respect to his prior convictions for property related offenses, charges similar to those for which he was indicted in the instant case. The defendant's failure to object to his exclusion from the proceedings does not, of course, preclude our review (supra).
In light of the foregoing, we do not reach the defendant's remaining contentions.
Concur — Carro, J.P., Rosenberger, Wallach and Ross, JJ.