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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBERT FOSTER, Appellant.

Judgment unanimously reversed on the law and new trial granted. Memorandum: A reconstruction hearing disclosed that defendant was not present in chambers during a Sandoval conference. The court made a Sandoval ruling in the courtroom immediately before trial, permitting the use of some convictions for cross-examination. Defendant did not testify. Because defendant did not have an opportunity to make "a meaningful contribution", reversal is required (People v Favor, 82 N.Y.2d 254, 267; see, People v Dokes, 79 N.Y.2d 656).

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PEOPLE v. FOSTER
(Dec 29, 1993)