People v. Monclavo

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified and the case remitted to the Supreme Court, New York County, for further proceedings in accordance with the memorandum herein and, as so modified, affirmed.

Defendant was convicted, after a jury trial, of criminal possession of a controlled substance in the fifth degree and sentenced to three to six years in prison. Prior to jury selection, the court and the attorneys referred to "a preliminary informal Sandoval conference” held earlier in the day (People v Sandoval, 34 NY2d 371). It is clear that the earlier…