People v. Gaines
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: On appeal from a judgment convicting him of robbery in the third degree and grand larceny in the third degree, defendant contends that the court erred in conducting a pretrial hearing in his absence. We agree and reverse defendant’s conviction.
A defendant has a right to be present at all critical stages of trial, i.e., all stages at which his presence has a reasonably substantial relation to the fullness of his opportunity to defend against the charge (People v Ciaccio, 47 NY2d 431,…
2Cases cited8 opinions
- People v. ParkerNew York Court of Appeals · 1982
- People v. CiaccioNew York Court of Appeals · 1979
- People v. AndersonNew York Court of Appeals · 1965
- People v. TrendellNew York Court of Appeals · 1984
- People v. SmithNew York Court of Appeals · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Paul Clark v. James Stinson, SuperintendentCourt of Appeals for the Second Circuit · 2000
- People v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1994
- People v. DiakiteAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BrockenshireAppellate Division of the Supreme Court of the State of New York · 1993
- People v. McGeeAppellate Division of the Supreme Court of the State of New York · 1990
8 more not listed; retrieve them via the Exa API.