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  5. 81 N.Y.2d 738 (1992)
 

PEOPLE v. CRUZ

81 N.Y.2d 738 (1992)

The People of the State of New York, Respondent, v. Roberto Cruz, Also Known as Jose Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided December 17, 1992.

Attorney(s) appearing for the Case

William B. Carney, New York City, and Philip L. Weinstein, for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Daniel S. Ratner and Susan L. Valle of counsel), for respondent, and for New York State District Attorneys Association, amicus curiae.

Anthony J. Ferrara, New York City, for Association of the Bar of the City of New York, amicus curiae.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.

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...

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