People v. Beasley
Decision Date | 27 October 1992 |
Citation | 592 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. |
Court | New York Court of Appeals Court of Appeals |
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.
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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