PEOPLE v. DURDA


259 A.D.2d 996 (1999)

703 N.Y.S.2d 926

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DURDA, Appellant.

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

Decided March 31, 1999.


Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at a Ventimiglia proceeding held off the record. Because the outcome of the proceeding was not entirely favorable to defendant, we cannot conclude from this record that defendant's presence would have been superfluous (see, People v Favor, 82 N.Y.2d 254...

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