Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Corriero, J. Paul Lewis, New York City, and Philip L. Weinstein for appellant.
Charles J. Hynes, District Attorney of Kings County, Brooklyn (Faith Crouchley and Jay M. Cohen of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Defendant's absence from a material part of his Sandoval hearing (People v Sandoval, 34 N.Y.2d 371) violated his right to be present at all material stages of his trial (People v Beasley, 80 N.Y.2d 981; People v Dokes, 79 N.Y.2d 656). The issue is reviewable, despite defendant's failure to object, and the People's contention that this case involves exceptional circumstances rendering defendant's presence "superfluous" is unavailing (People v Dokes, supra, at 662).
Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.
Order reversed, etc.