People v. Koberstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: The record shows that defendant was absent during the Sandoval conference and that the court subsequently placed on the record the substance of the conference and its ruling. Because defendant’s presence at the conference would not have been "superfluous”, reversal is required (People v Odiat, 82 NY2d 872, 874; see, People v Favor, 82 NY2d 254).
Defendant also argues that the search warrant permitting the Sheriffs Department to obtain blood and hair samples and dental impressions from him was improperly issued. We…
2Cases cited3 opinions
- People v. FavorNew York Court of Appeals · 1993
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. OdiatNew York Court of Appeals · 1993
3Cited by2 opinions
- People v. KobersteinAppellate Division of the Supreme Court of the State of New York · 1999
- People v. KobersteinAppellate Division of the Supreme Court of the State of New York · 1995