The People of the State of New York, Respondent,
v.
Donald Favor, Appellant.
The People of the State of New York, Respondent,
v.
Leroy Smith, Jr., Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 8, 1993.
Decided October 19, 1993.
Attorney(s) appearing for the Case
Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for appellant in the first above-entitled action.
Howard R. Relin, District Attorney of Monroe County, Rochester (Wendy Evans Lehmann of counsel), for respondent in the first above-entitled action.
Howard K. Broder, Rochester, for appellant in the second above-entitled action.
Richard M. Healy, District Attorney of Wayne County, Lyons (Valerie Friedlander of counsel), for respondent in the second above-entitled action.
Kevin M. Dillon, District Attorney of Erie County, Buffalo, for New York State District Attorneys Association, amicus curiae, in the first and second above-entitled actions.
Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.
Court of Appeals of the State of New York.
TITONE, J.
In People v Dokes (79 N.Y.2d 656), this Court held that a defendant has a right to be present during the Sandoval hearing preceding the trial1 except when such presence would be "superfluous" (see, 79 NY2d, at 662). We also held that a violation of this right ordinarily requires reversal even in the absence of a timely...
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