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PEOPLE v. REYES

216 A.D.2d 85 (1990)

627 N.Y.S.2d 923

The People of the State of New York, Respondent, v. Victor M. Reyes, Appellant

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

January 27, 1990

A Ventimiglia hearing (People v Ventimiglia, 52 N.Y.2d 350) was held with respect to prior bad acts by the defendant being used as part of the People's direct case.

The defendant was not present at the hearing and, as the Court of Appeals has just held, he had a right to be present (People v Spotford, 85 N.Y.2d 593). Moreover, contrary to the People's argument, it cannot be...

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