Legal Opinion

People v. Russin

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

Decided April 15, 1994Published

1Opinion of the Court

—Judgment unanimously reversed on the law and new trial granted. Memorandum: Because he was absent from the Sandoval hearing, defendant was deprived of his right to be present at all material stages of the proceedings against him (see, People v Dokes, 79 NY2d 656, 662; People v Daniels, 202 AD2d 986).

In view of our determination, we do not address defendant’s remaining contentions. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Grand Larceny, 2nd Degree.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

2Cases cited2 opinions

  1. People v. DokesNew York Court of Appeals · 1992
  2. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1994