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  5. 85 N.Y.2d 945 (1995)
 

PEOPLE v. WILLIAMS

85 N.Y.2d 945 (1995)

650 N.E.2d 849

626 N.Y.S.2d 1002

The People of the State of New York, Appellant, v. Mike Williams, Also Known as Andrew Chisolm, Also Known as Thomas Chisolm, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1995.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Raphael J. Berman and Peter D. Coddington of counsel), for appellant.

Green & Willstatter, White Plains (Theodore S. Green of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]) and issues raised but not considered on the appeal to that Court.

The question presented is whether defendant was improperly denied the right to be present when his counsel moved, in his absence, to withdraw...

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