PEOPLE v. GAINES


144 A.D.2d 941 (1988)

The People of the State of New York, Respondent, v. Irving Gaines, Appellant

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

November 15, 1988


Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: On appeal from a judgment convicting him of robbery in the third degree and grand larceny in the third degree, defendant contends that the court erred in conducting a pretrial hearing in his absence. We agree and reverse defendant's conviction.

A defendant has a right to be present at all critical stages of trial, i.e., all stages at which his presence has...

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