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PEOPLE v. MORALES

308 A.D.2d 229 (2003)

764 N.Y.S.2d 104

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

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

September 8, 2003.

Attorney(s) appearing for the Case

Laura R. Johnson, New York City (Joseph D. Jean, Meredith Schaum and David Crow of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Cynthia Kean of counsel), for respondent.

PRUDENTI, P.J., FEUERSTEIN and ADAMS, JJ., concur.

OPINION OF THE COURT

RITTER, J.

The defendant was convicted of burglary in the second degree and related offenses. On appeal, he argues that reversal is mandated under People v Sandoval (34 N.Y.2d 371 [1974]) and its progeny (see e.g. People v Dokes, 79 N.Y.2d 656 [1992]) because he was denied his right to be present during that portion of a purported Sandoval hearing...

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