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  5. 86 N.Y.2d 763 (1995)
 

PEOPLE v. ROBLES

86 N.Y.2d 763 (1995)

655 N.E.2d 172

631 N.Y.S.2d 131

The People of the State of New York, Appellant, v. Rafael Robles, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stuart P. Levy, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for appellant.

Arthur H. Hopkirk, New York City, and Philip L. Weinstein for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and LEVINE concur; Judge SMITH dissents and votes to affirm in an opinion in which Judge CIPARICK concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to the Appellate Division, First Department, in accordance with CPL 470.25 (2) (d) and CPL 470.40 (2) (b).

Defendant was charged with criminal sale and possession of a controlled substance in the third degree. He and his lawyer were "personally present" (CPL 260.20) at the Sandoval hearing, though no interpreter was present...

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