People v. Fuller

—Judgment unanimously reversed on the law and new trial granted. Memorandum: The absence of defendant from the in-chambers Sandoval hearing deprived him of his constitutional and statutory right to be present at all material stages of his trial (see, US Const 6th, 14th Amends; NY Const, art I, § 6; CPL 260.20; People v Dokes, 79 NY2d 656; People v Kirkland, 188 AD2d 1083; People v Dean, 188 AD2d 1082). We reject the People’s argument that defendant’s presence would have been superfluous (see, People v Gebrosky, 80 NY2d 995; People v Dokes, supra, at 662; People v Kirkland, supra). Also…