80 N.Y.2d 981

The People of the State of New York, Appellant, v Corey Beasley, Respondent.

Decided October 27, 1992

*982APPEARANCES OF COUNSEL

Howard R. Relin, District Attorney of Monroe County, Rochester (Robert Mastrocola of counsel), for appellant.

Edward J. Nowak, Public Defender of Monroe County, Rochester (James Eckert of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed (see, People v Dokes, 79 NY2d 656).

Defendant’s failure to raise an objection when the trial court proceeded to conduct a Sandoval (People v Sandoval, 34 NY2d 371) hearing in his absence is not an obstacle to our review (People v Dokes, supra, at 662). Since his presence was required at this material stage, which in the circumstances of this case inferentially and directly affected the prosecutor’s trial strategy to cross-examine defendant with respect to drug-related activities — he had no prior criminal convictions, as was brought out at the Sandoval hearing and decision — the Appellate Division correctly reversed and ordered a new trial.

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.

On review of submissions pursuant to section 500.4 of the *983Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

People v. Beasley
80 N.Y.2d 981

Case Details

Name
People v. Beasley
Decision Date
Oct 27, 1992
Citations

80 N.Y.2d 981

Jurisdiction
New York

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