New York Court of Appeals, 2011

People v. Walker

New York Court of Appeals · Decided December 20, 2011

18 N.Y.3d 839; 962 N.E.2d 261

Cases that cite this one

6 later published cases cite this decision.

People v. Morrison (N.Y. 2018)
WALKER, FREDERICK E., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Walker (Appellate Division of the Supreme Court of New York 2014)
People v. Walker (Appellate Division of the Supreme Court of New York 2014)
People v. Lee (Appellate Division of the Supreme Court of New York 2019)
People v. Parker (N.Y. 2018)

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

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order *840modified and case remitted to Supreme Court, Monroe County, for further proceedings, and as so modified, affirmed. We conclude that on this record defendant satisfied his burden of showing that a reconstruction hearing is necessary to determine whether he was present during the Sandoval hearing. Upon remittal, if it is determined that defendant was not present during the Sandoval hearing, a new trial must be ordered; if it is determined that defendant was present, the judgment of conviction should be amended to reflect that result.

Concur: Chief Judge Lippman and Judges Cipajrick, Gbaffeo, Read, Smith and Jones. Taking no part: Judge Pigott.

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