People v. Cruz
Decision Date | 17 December 1992 |
Citation | 593 N.Y.S.2d 767,609 N.E.2d 120,81 N.Y.2d 738 |
Parties | , 609 N.E.2d 120 The PEOPLE of the State of New York, Respondent, v. Roberto CRUZ, Also Known as Jose Rodriguez, Appellant. |
Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 179 A.D.2d 529, 579 N.Y.S.2d 39, should be reversed and a new trial ordered.
The trial court improperly conducted a Sandoval hearing (People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413) in defendant's absence, requiring a new trial (see, People v. Dokes, 79 N.Y.2d 656, 584 N.Y.S.2d 761, 595 N.E.2d 836; People v. Gebrosky, 80 N.Y.2d 995, 592 N.Y.S.2d 650, 607 N.E.2d 797). It is therefore unnecessary to consider defendant's remaining contention.
SMITH, J., taking no part.
Order reversed, etc.
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