In re Elijah W.

OPINION OF THE COURT

Nelida Malave-Gonzalez, J.

*383The respondent moves for an order allowing the respondent to absent himself from the probable cause hearing where the complaining witness would testify and identify the respondent as the person who stole her property. The presentment agency opposes this motion asserting that respondent’s absence from the courtroom would prevent them from sustaining its burden of establishing that the respondent is the person who committed the crime.

Question

Recently, in a case originally heard by this court, the Appellate Division, First Department, held that a…