PEOPLE v. RODRIGUEZ


20 A.D.3d 355 (2005)

798 N.Y.S.2d 433

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO RODRIGUEZ, Appellant.

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

July 21, 2005.


The prosecution produced legally sufficient evidence establishing that defendant committed a violent assault against the victim by shooting him multiple times, allegedly due to the victim's desire to leave the gang of which both defendant and the victim were members. However, defendant's conviction must be reversed and a new trial ordered on the ground that defendant's right to be present at a material stage of his trial was violated (People v Antommarchi, ...

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