People v. Potter

Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered October 12, 2010, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

A criminal defendant has a right to be present at all material stages of a trial, and that right is violated if a trial court conducts a Sandoval hearing (see People v Sandoval, 34 NY2d 371 [1974]) in a defendant’s absence (see CPL 260.20; People v Dokes, 79 NY2d 656, 658 [1992]; see also People v Roman, 88 NY2d…