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PEOPLE v. VALENTINE

7 A.D.3d 275 (2004)

776 N.Y.S.2d 248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VALENTINE, Appellant.

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

May 6, 2004.

Defendant "has failed to meet his burden of coming forward with substantial evidence establishing his absence" (People v Foster, 1 N.Y.3d 44, 48 [2003]) from part of his Sandoval hearing. While defendant asserts that he was not produced in court until after a colloquy between the court and counsel had already turned to the Sandoval issue, the court reporter's notations relied...

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