People v. Cruz
New York Court of Appeals
People v. Cruz, 81 N.Y.2d 738 (N.Y. 1992)
609 N.E.2d 120; 593 N.Y.S.2d 767; 1992 N.Y. LEXIS 4223
People v. Cruz
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and a new trial ordered.
The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 NY2d 371) in defendant’s absence, requiring a new trial (see, People v Dokes, 79 NY2d 656; People v Gebrosky, 80 NY2d 995). It is therefore unnecessary to consider defendant’s remaining contention.
Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Jr., and Bellacosa concur in memorandum; Judge Smith taking no part.
Order reversed, etc.
Reference
- Full Case Name
- The People of the State of New York v. Roberto Cruz, Also Known as Jose Rodriguez
- Cited By
- 17 cases
- Status
- Published