People v. Beasley

Decision Date27 October 1992
Citation592 N.Y.S.2d 644,80 N.Y.2d 981,607 N.E.2d 791
Parties, 607 N.E.2d 791 The PEOPLE of the State of New York, Appellant, v. Corey BEASLEY, Respondent.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM

The order of the Appellate Division, 184 A.D.2d 1003, 584 N.Y.S.2d 682, should be affirmed (see, People v. Dokes, 79 N.Y.2d 656, 584 N.Y.S.2d 761, 595 N.E.2d 836).

Defendant's failure to raise an objection when the trial court proceeded to conduct a Sandoval (People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413) hearing in his absence is not an obstacle to our review (People v. Dokes, supra, 79 N.Y.2d at 662, 584 N.Y.S.2d 761, 595 N.E.2d 836). Since his presence was required at this material stage, which in the circumstances of this case inferentially and directly affected the prosecutor's trial strategy to cross-examine defendant with respect to drug-related activities--he had no prior criminal convictions, as was brought out at the Sandoval hearing and decision--the Appellate Division correctly reversed and ordered a new trial.

WACHTLER, C.J., and SIMONS, KAYE, TITONE, HANCOCK, BELLACOSA and SMITH, JJ., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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19 cases
  • People v. Favor
    • United States
    • New York Court of Appeals Court of Appeals
    • 19 Octubre 1993
    ...738, 593 N.Y.S.2d 767, 609 N.E.2d 120; People v. Gebrosky, 80 N.Y.2d 995, 592 N.Y.S.2d 650, 607 N.E.2d 797; People v. Beasley, 80 N.Y.2d 981, 592 N.Y.S.2d 644, 607 N.E.2d 791; People v. Rose, 80 N.Y.2d 802, 587 N.Y.S.2d 286, 599 N.E.2d 690; People v. Alexander, 80 N.Y.2d 801, 587 N.Y.S.2d 2......
  • People v. Slide
    • United States
    • New York Supreme Court — Appellate Division
    • 28 Septiembre 2010
    ...thereby deprived the defendant of his right to a fair trial ( see People v. Beasley, 184 A.D.2d 1003, 1003-1004, 584 N.Y.S.2d 682, affd. 80 N.Y.2d 981, 982, 592 N.Y.S.2d 644, 607 N.E.2d 791;76 A.D.3d 1109People v. Montoya, 63 A.D.3d at 961, 882 N.Y.S.2d 429; People v. Marrow, 301 A.D.2d 673......
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    • United States
    • U.S. District Court — Southern District of New York
    • 7 Junio 1993
    ... ... Agway Petroleum Corp., 185 A.D.2d 372, 372-73, 586 N.Y.S.2d 152 (3rd Dep't 1992); Smith v. Jesus People (Love Inn), 113 A.D.2d 980, 493 N.Y.S.2d 658 (3rd Dep't 1985) (logic in De Haen applicable to Section 240(1)) ...         Neither this ... ...
  • People v. Towndrow
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Febrero 1993
    ...chambers deprived him of his constitutional right to be present during all material stages of the trial ( see, People v. Beasley, 80 N.Y.2d 981, 607 N.E.2d 791, 592 N.Y.S.2d 644; People v. Dokes, 79 N.Y.2d 656, 662, 584 N.Y.S.2d 761, 595 N.E.2d Accordingly, the judgments should be reversed ......
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