PEOPLE v. FOSTER


199 A.D.2d 1063 (1993)

608 N.Y.S.2d 909

The People of the State of New York, Respondent, v. Elbert Foster, Appellant

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

December 29, 1993


Judgment unanimously reversed on the law and new trial granted.

Memorandum:

A reconstruction hearing disclosed that defendant was not present in chambers during a Sandoval conference. The court made a Sandoval ruling in the courtroom immediately before trial, permitting the use of some convictions for cross-examination. Defendant did not testify. Because defendant did not have an opportunity to make "a meaningful contribution", reversal is required...

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