Appellate Division of the Supreme Court of New York, 1998

People v. James

Appellate Division of the Supreme Court of New York · Decided July 8, 1998

252 A.D.2d 979; 674 N.Y.S.2d 598; 1998 N.Y. App. Div. LEXIS 14603

Cases that cite this one

3 later published cases cite this decision.

People v. Pitsley (Appellate Division of the Supreme Court of New York 2004)
People v. Pitsley (Appellate Division of the Supreme Court of New York 2002)
Milland v. Goord (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted. Mem*980orandum: We reserved decision and remitted this matter to Supreme Court for a reconstruction hearing on the issue whether defendant was present at the Sandoval hearing (People v James, 245 AD2d 1115). The record of the reconstruction hearing supports the court’s determination that the Sandoval hearing was held outside of defendant’s presence (see, People v Evans, 232 AD2d 424, lv denied 89 NY2d 921). Because the Sandoval ruling was not entirely in defendant’s favor, the judgment of conviction must be reversed (see, People v Favor, 82 NY2d 254, 267, rearg denied 83 NY2d 801). In view of our decision, we do not address defendant’s remaining contentions. (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J. — Burglary, 1st Degree.) Present— Lawton, J. P., Wisner, Callahan and Boehm, JJ.

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