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PEOPLE v. CRUZ
Court of Appeals of the State of New York.
Dec 17, 1992
Important Paras
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MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 N.Y.2d 371) in defendant's absence, requiring a new trial (see, People v Dokes, 79 N.Y.2d 656; People v Gebrosky, 80 N.Y.2d 995). It is therefore unnecessary to consider defendant's remaining contention.
Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.
Order reversed, etc.
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