PEOPLE v. DINCHER

Judgment unanimously reversed on the law and new trial granted. Memorandum: The record of the reconstruction hearing (see, People v. Mitchell, 189 A.D.2d 337, lv dismissed sub nom. People v Walker, 81 N.Y.2d 1065) reveals that defendant was not present at the Sandoval conference. The record further reveals that the court ruled, in defendant's absence, that the People could cross-examine defendant about a prior felony conviction if he testified. Because defendant was not present at a material stage of the trial, reversal is required (see, People v. Favor, 82 N.Y.2d 254).

We have considered the other arguments raised by defendant and conclude that they are without merit.