People v. Eady, 185 A.D.2d 678 (N.Y. App. Div. 1992). · Go Syfert
People v. Eady, 185 A.D.2d 678 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
9 citation events across 2 distinct courts.
Strongest positive: People v. Koberstein (nyappdiv, 1995-06-09)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." People v. Koberstein
N.Y. App. Div. · 1995 · signal: see also · confidence low
The court’s determination made outside the presence of defendant to use a prior Sandoval ruling cannot be cured by a subsequent recitation of that ruling in open court with defendant present (see, People v Hall, 201 AD2d 891 , Iv denied 83 NY2d 911 ; see also, People v Eady, 185 AD2d 678 , Iv denied 80 NY2d 929 ).
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The People of the State of New York
v.
Rudolph Eady
Appellate Division of the Supreme Court of the State of New York.
Jul 14, 1992.
185 A.D.2d 678
Cited by 8 opinions  |  Published

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant contends that his exclusion from the Sandoval hearing requires reversal. In defendant’s absence County Court conducted a Sandoval conference in chambers wherein it ruled on the permissible scope of defendant’s cross-examination relative to his prior convictions. Defense counsel, with defendant present, subsequently placed on the record his understanding of the Sandoval conference and the court’s ruling. In People v Alexander (174 AD2d 996, revd 80 NY2d 801), a virtually identical Sandoval procedure was rejected as violating defendant’s right to be present at a material stage of trial. Even absent objection by defense counsel, defendant’s exclusion from the Sandoval hearing mandates reversal and the granting of a new trial (see, People v Dokes, 79 NY2d 656).

We have reviewed the remaining contentions contained in defense counsel’s brief and defendant’s pro se brief and find them to be without merit. (Appeal from Judgment of Monroe County Court, Maloy, J.—Robbery, 1st Degree.) Present—Callahan, J. P., Green, Lawton, Boehm and Davis, JJ.