People v. Browne

Judgment unanimously reversed on the law and new trial granted. Memorandum: While his direct appeal was pending, defendant moved in Supreme Court for an order settling the record to reflect the fact that a Sandoval conference was held in chambers in his absence. The court granted that motion and we affirm (People v Browne, 195 AD2d 1055 [decided herewith]). Because defendant’s presence at that conference would not have been superfluous, his exclusion requires reversal (see, People v Dokes, 79 NY2d 656, 662; People v Kirkland, 188 AD2d 1083).

We have examined defendant’s remaining arguments on…