Legal Opinion

People v. Smith

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

Decided October 7, 1992PublishedCited by 10 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that reversal is required pursuant to People v Dokes (79 NY2d 656) because he was absent from the Sandoval hearing, even though he never objected to the Sandoval procedure. Although there apparently had been a preliminary determination in defendant’s absence that cross-examination regarding 10 prior bad acts and convictions would not be allowed and that cross-examination concerning 4 would be allowed, there was in fact a de novo hearing in defendant’s presence with respect to the latter 4, during which the District…

2Cases cited5 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. DokesNew York Court of Appeals · 1992
  3. People v. AlexanderNew York Court of Appeals · 1992
  4. People v. EadyAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by10 opinions

  1. People v. BergerAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. LynchAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. RussellAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. VargasAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1994

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