PEOPLE v. AIKENS


208 A.D.2d 938 (1994)

618 N.Y.S.2d 403

The People of the State of New York, Respondent, v. Anthony Aikens, Appellant

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

October 31, 1994


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

During the course of the voir dire portion of the trial, the court called counsel into chambers where it rendered its Sandoval ruling. It is conceded that the defendant was not present at that time, and there is no evidence in the record that the court conducted a hearing pursuant to People v Sandoval...

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