New York Court of Appeals, 1992

People v. Gebrosky

People v. Gebrosky
New York Court of Appeals · Decided November 19, 1992
80 N.Y.2d 995; 592 N.Y.S.2d 650; 607 N.E.2d 797; 1992 N.Y. LEXIS 3892
People v. Gebrosky

Cases that cite this one

17 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant’s absence from a material part of his Sandoval hearing (People v Sandoval, 34 NY2d 371) violated his right to be present at all material stages of his trial (People v Beasley, 80 NY2d 981; People v Dokes, 79 NY2d 656). The issue is reviewable, despite defendant’s failure to object, and the People’s contention that this case involves exceptional circumstances rendering defendant’s presence "superfluous” is unavailing (People v Dokes, supra, at 662).

Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur in memorandum.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.