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PEOPLE v. FONG

54 A.D.2d 638 (1976)

The People of the State of New York, Respondent, v. Rose Lee Fong, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 1976

Unanimously affirmed.

The trial court's refusal to render a decision on the defendant's pretrial motion made pursuant to People v Sandoval (34 N.Y.2d 371) until the defendant had taken the witness stand on the trial we find to be error. While Sandoval refrained from laying down "precise guidelines" (p 375), it, nonetheless, contemplated a "prospective" ruling, among other reasons, to enable a defendant to decide whether...

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