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PEOPLE v. LOZADO

300 A.D.2d 147 (2002)

751 N.Y.S.2d 728

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL LOZADO, Appellant.

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

Decided December 19, 2002.

Defendant's absence from an off-the-record conference of which the subject was the scope and substance of a witness's identification testimony, i.e., a material stage of the trial at which defendant's presence would have had a substantial effect on his ability to defend against the charges, requires reversal of his conviction (People v Casiano, 294 A.D.2d 277 [reversing conviction of codefendant...

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