People v. Byrdsong

OPINION OF THE COURT

David Goldstein, J.

This is a motion by defendant, appearing pro se, for an *233order pursuant to CPL 440.10 (1) (h), vacating the judgment of conviction, upon the alleged deprivation of his legal and constitutional rights as a result of the trial court (Groh, J.) having proceeded with a Sandoval hearing prior to trial in defendant’s absence.

This indictment, which charged defendant with robbery in the first degree, criminal use of a firearm in the first degree, attempted rape in the first degree, attempted sodomy in the first degree and assault in the first degree, was tried…