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PEOPLE v. THOMPSON

30 A.D.3d 198 (2006)

816 N.Y.S.2d 70

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK THOMPSON, Appellant.

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

June 8, 2006.

We decline to order a reconstruction hearing to determine whether three unrecorded bench conferences from which defendant was excluded, over his counsel's objection, involved subject matters that implicated defendant's right to be present at all material stages of the trial. A reconstruction hearing may be appropriate where, as here, the trial court refuses to record the proceedings in question (People v Velasquez,

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