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PEOPLE v. RODRIGUEZ

222 A.D.2d 344 (1995)

636 N.Y.S.2d 23

The People of the State of New York, Respondent, v. Luis Rodriguez, Appellant

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

December 28, 1995

Since the record was unclear, we remanded this matter for a hearing to determine whether defendant was present at the Sandoval hearing and held the appeal in abeyance pending such hearing (216 A.D.2d 16). The hearing was held and apparently there was a bench conference before the Sandoval hearing at which defendant was not present. However, defendant had no right to be present at this off-the-record conference concerning his...

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