People v. Davis

—Case held, decision reserved and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: County Court erred in conducting the suppression hearing in the absence of defendant without making inquiry into the circumstances of his absence or reciting on the record the basis for its determination that his absence was deliberate (see, People v McCullough, 209 AD2d 965; see also, People v Brooks, 75 NY2d 898, 899, mot to amend remittitur granted 76 NY2d *944746). We therefore remit the matter.to Monroe County Court to conduct a new suppression…