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PEOPLE v. GARCIA

198 A.D.2d 4 (1993)

603 N.Y.S.2d 145

The People of the State of New York, Respondent, v. Ramon Garcia, Appellant

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

November 4, 1993

The record indicates that an off-the-record, sidebar Sandoval hearing was conducted in defendant's absence. Since defendant never expressly waived his presence at the Sandoval hearing, and his presence at the Sandoval hearing could not have been "superfluous" in view of the fact that the People were permitted to question him concerning the underlying facts of two prior felony convictions, defendant's right to...

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