Appellate Division of the Supreme Court of New York, 1994

People v. Russin

People v. Russin
Appellate Division of the Supreme Court of New York · Decided April 15, 1994
203 A.D.2d 900; 612 N.Y.S.2d 1014; 1994 N.Y. App. Div. LEXIS 4877
People v. Russin

Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Because he was absent from the Sandoval hearing, defendant was deprived of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 NY2d 656, 662; People v Daniels, 202 AD2d 986).

In view of our determination, we do not address defendant’s remaining contentions. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Grand Larceny, 2nd Degree.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

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