People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
We are called upon to determine the preferred procedure to be used when a Sandoval hearing was conducted off the record and the record is silent concerning whether the defendant was present and what transpired at that hearing.
In People v Dokes (79 NY2d 656), the Court held that, except where a defendant’s criminal history and the issues to be resolved render defendant’s presence superfluous, it is a violation of defendant’s right to be present at all material stages of trial for the court to conduct a Sandoval hearing in his absence. The Court additionally held that…
3Cases cited13 opinions
- People v. DokesNew York Court of Appeals · 1992
- People v. ArmlinNew York Court of Appeals · 1975
- People v. MitchellNew York Court of Appeals · 1992
- People v. BeasleyNew York Court of Appeals · 1992
- People v. GebroskyNew York Court of Appeals · 1992
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4Cited by39 opinions
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BaxterAppellate Division of the Supreme Court of the State of New York · 1995
- People v. VargasAppellate Division of the Supreme Court of the State of New York · 1994
- People v. LawAppellate Division of the Supreme Court of the State of New York · 1993
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1994
34 more not listed; retrieve them via the Exa API.