People v. Cole
| Decision Date | 07 June 1991 |
| Citation | 174 A.D.2d 970,572 N.Y.S.2d 882 |
| Parties | PEOPLE of the State of New York, Respondent, v. John W. COLE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward J. Nowak by James Eckert, Rochester, for appellant. Howard R. Relin by Mark Pedersen, Rochester, for respondent.
Defendant contends that his statutory and constitutional right to be present at all critical stages of his trial was violated when the court, in the presence of counsel but in defendant's absence, considered defendant's Sandoval motion in chambers. The issue is not preserved for appellate review, and absent a showing of prejudice, we decline to reach it in the interest of justice (see, People v. Dunbar, 172 A.D.2d 1006, 569 N.Y.S.2d 266; People v. Favor, 172 A.D.2d 1052, 571 N.Y.S.2d 408). We have reviewed defendant's remaining contention and find it to be without merit. Judgment unanimously affirmed.
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People v. Favor
...977; People v. Alexander, 174 A.D.2d 996, 572 N.Y.S.2d 817, rev'd 80 N.Y.2d 801, 587 N.Y.S.2d 286, 599 N.E.2d 690; People v. Cole, 174 A.D.2d 970, 572 N.Y.S.2d 882; People v. Favor, 172 A.D.2d 1052, 571 N.Y.S.2d 408, supra [rev'd herein]; People v. Dunbar, 172 A.D.2d 1006, 569 N.Y.S.2d 266)......
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People v. Alexander
...right to be present at a critical stage of the proceedings and we decline to review it in the interest of justice (see, People v. Cole, 174 A.D.2d 970, 572 N.Y.S.2d 882 [decided herewith]; People v. Favor, 172 A.D.2d 1052, 571 N.Y.S.2d 408; People v. Dunbar, 172 A.D.2d 1006, 569 N.Y.S.2d 26......
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People v. Cole
...943 574 N.Y.S.2d 943 78 N.Y.2d 964, 580 N.E.2d 415 People v. Cole (John W.) Court of Appeals of New York Aug 20, 1991 Simons, J. 174 A.D.2d 970, 572 N.Y.S.2d 882 App.Div. 4, Monroe Denied ...