This Court previously ordered reconstruction of the Mapp hearing. Upon remand, the trial court conducted a reconstruction hearing on October 8, 1991, in defendant's absence, and without any indication that defendant effectively waived his right to be present. As conceded by the People, the matter must be remanded for a reconstruction hearing at which defendant, in the absence of knowing and voluntary waiver, has the right to be present (People v Mullen,
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PEOPLE v. BRAITHWAITE
190 A.D.2d 572 (1993)
The People of the State of New York, Respondent, v. Robert Braithwaite, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 11, 1993
February 11, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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