People v. Pitsley

I respectfully dissent from the decision of the majority to hold the case, reserve decision and remit the matter to Oswego County Court for further proceedings. “After a defendant has been convicted on plea of guilty or after trial, the People are not required to assume the burden of establishing that what was done was regular in the absence of evidence to the contrary” (People v Smyth, 3 NY2d 184, 187, rearg denied 3 NY2d 942). The First, Second and Third Departments thus have held that the conclusory assertion of a defendant that he was not present at a pretrial Sandoval hearing, if…