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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON BALKUM, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant was not present for the Sandoval proceeding when the court ruled that he could be cross-examined with respect to two prior convictions. Defendant's absence from that proceeding deprived defendant of his right to be present during all material stages of his trial (CPL 260.20; People v Dokes, 79 N.Y.2d 656). Such a violation requires reversal (People v Favor, 82 N.Y.2d 254).

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PEOPLE v. BALKUM
(Dec 29, 1993)