People v. Ballard
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. Memorandum: Defendant contends that he was deprived of his right to be present during all material stages of the trial. We agree. The record establishes that defendant was not present during County Court’s in-chambers Sandoval conference and, thus, reversal is mandated (see, CPL 260.20; People v Favor, 82 NY2d 254, rearg denied 83 NY2d 801; People v Dokes, 79 NY2d 656; People v Balkum, 199 AD2d 975, Iv denied 83 NY2d 849).
We further conclude that reversal is mandated because the court closed the courtroom during the testimony of…
2Cases cited8 opinions
- People v. HintonNew York Court of Appeals · 1972
- People v. DokesNew York Court of Appeals · 1992
- People v. FavorNew York Court of Appeals · 1993
- People v. JonesNew York Court of Appeals · 1979
- People v. KanNew York Court of Appeals · 1991
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3Cited by1 opinion
- People v. GrossoAppellate Division of the Supreme Court of the State of New York · 2001