People v. Cruz

OPINION of the court

Julius Hellenbrand, J.

Defendant controverts a second felony offender statement on the ground that the predicate felony conviction was obtained in violation of the constitutional right to be present at his trial.

Defendant was convicted herein after trial of criminal sale of controlled substance, third degree, a B felony. The predicate felony statement alleges a prior conviction of sale of a controlled substance, first degree, an A felony.

After considering the motion papers, the oral argument of counsel and the minutes of the prior trial and hearings therein, the court finds…