People v. DiMartino

—Judgment unanimously reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury. Memorandum: The record of the reconstruction hearing (see, People v Mitchell, 189 AD2d 337) reveals that defendant was not present in chambers at *935the Sandoval conference. The record further reveals that the court ruled that the People could cross-examine defendant about two prior convictions if she testified. Reversal is required because defendant was not present at a material stage of the trial (see, People v Dokes, 79 NY2d 656, 662;…