People v. Walker

Appeal from an order of the Supreme Court, Monroe County (Francis A. Affronti, J.), dated July 10, 2012. The order determined that defendant had been present for his Sandoval hearing.

It is hereby ordered that the order so appealed from is unanimously reversed on the law, the judgment of conviction is vacated and a new trial is granted.

Memorandum: Following the reconstruction hearing ordered by the Court of Appeals in People v Walker (18 NY3d 839, 840 [2011]), Supreme Court concluded that defendant “failed to satisfy his burden of coming forward with substantial evidence establishing his…