PEOPLE v. ANDINO


210 A.D.2d 28 (1994)

619 N.Y.S.2d 31

The People of the State of New York, Respondent, v. Jose Andino, Appellant

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

December 1, 1994


It is undisputed that, in the absence of defendant, the trial court informed counsel that it would conduct a Sandoval hearing only in the presence of defendant if defendant chose to testify. Defendant did not pursue his request for the trial court to conduct a Sandoval hearing, on the single conviction involved before he testified. Under these circumstances, we find that defendant's right to be present at all material stages of the trial was not violated.

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