Legal Opinion

People v. Givens

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994Published

1Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant’s absence from the Sandoval conference deprived defendant of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 NY2d 656, 662; see also, People v Cruz, 81 NY2d 738; People v Dincher, 201 AD2d 892, lv denied 83 NY2d 851). Because County Court’s in-ehambers Sandoval ruling was not wholly favorable to defendant (see, People v Michalek, 82 NY2d 906, 907; People v Favor, 82 NY2d 254, 267), defendant’s presence at that conference would not have been…

2Cases cited7 opinions

  1. People v. DokesNew York Court of Appeals · 1992
  2. People v. FavorNew York Court of Appeals · 1993
  3. People v. MichalekNew York Court of Appeals · 1994
  4. People v. OdiatNew York Court of Appeals · 1993
  5. People v. CruzNew York Court of Appeals · 1992

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