People v. Toliver

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was arrested and charged with sodomy in the second degree (Penal Law § 130.45). The first trial on the indictment resulted in a hung jury. Upon retrial, the jury convicted defendant as charged. Thereafter, defendant was sentenced as a predicate felon to an indeterminate prison term of 2xh years to 5 years. Defendant served 3xh years of this term and is currently on parole.

On appeal, defendant argues that reversal of his conviction is required due to the Trial Judge’s absence…