People v. Kirkland

Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court conducted a Sandoval hearing in chambers, in defendant’s absence, wherein it ruled on the permissible scope of the cross-examination of defendant regarding his prior convictions. All that occurred in defendant’s presence was a recitation by County Court of the decision it reached in chambers in defendant’s absence.

Defendant’s absence from the in-chambers Sandoval hearing violated his constitutional and statutory right to be present at all material stages of his trial (see, US Const 6th, 14th Amends; NY…