People v. Stoute
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant was not present at the Sandoval hearing. He contends that his absence affected a substantial right and requires invalidation of his conviction.
A criminal defendant has a constitutional and statutory right to be present during all material stages of the trial of the indictment (CPL 260.10; People v Mullen, 44 NY2d 1). However, this right may also be waived (People v Parker, 57 NY2d 136). Here, defense counsel expressly waived the defendant’s presence, and proceeded in his absence. Further, during seven days of trial no motion was made to reopen the Sandoval hearing. Under these…
2Cases cited8 opinions
- People v. ParkerNew York Court of Appeals · 1982
- People v. WattsNew York Court of Appeals · 1982
- People v. CotareloNew York Court of Appeals · 1988
- People v. ColombaniNew York Court of Appeals · 1965
- People v. ColombaniAppellate Division of the Supreme Court of the State of New York · 1964
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3Cited by6 opinions
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. SteansAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FoustAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BasiloneAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.