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PEOPLE v. SMITH

208 A.D.2d 455 (1994)

618 N.Y.S.2d 216

The People of the State of New York, Respondent, v. Keith Smith, Appellant

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

October 25, 1994

Review of the transcript leads us to conclude that the defendant had been present during the Sandoval hearing. To whatever extent an ambiguity exists in the minutes, it was defendant's burden to demonstrate record evidence of his absence (People v Robinson, 191 A.D.2d 523, lv denied 81 N.Y.2d 1018; see also, People v Walker, 202 A.D.2d 312, lv denied 83 N.Y.2d...

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