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PEOPLE v. SMITH

194 A.D.2d 813 (1993)

599 N.Y.S.2d 1024

The People of the State of New York, Respondent, v. Byron Smith, Also Known as Brian Smith, Appellant

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

June 28, 1993

Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that his conviction should be reversed and that a new trial should be ordered because he was absent from the Sandoval hearing. Even if the defendant was absent from the Sandoval hearing, his presence, under the circumstances of this case, would have been superfluous because the court ruled that it would only allow cross-examination...

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