PEOPLE v. ODIAT


191 A.D.2d 183 (1993)

594 N.Y.S.2d 38

The People of the State of New York, Respondent, v. Pedro Odiat, Appellant

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

March 2, 1993


Ordinarily, where a defendant claims that a Sandoval hearing was conducted in his absence, and the record is ambiguous as to his presence, as it is herein, we will hold the appeal in abeyance and remand for a hearing on that issue (see, People v Rose, 172 A.D.2d 230). However, that procedure is not warranted where the record reveals that defendant's presence at the Sandoval hearing would have been "useless, or...

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