PEOPLE v. CALDERON

9875, 457/11.

176 A.D.3d 594 (2019)

113 N.Y.S.3d 13

2019 NY Slip Op 07707

The People of the State of New York, Respondent, v. John Calderon, Appellant.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Allen Fallek of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sheila O'Shea of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.


The dispositive issue on appeal is whether defendant's absence from a pretrial Ventimiglia proceeding deprived him of his right to be present at all material stages of trial, including ancillary proceedings. "A key factor in determining whether a defendant has a right to be present during a particular proceeding is whether the proceeding involved factual matters about which defendant might have peculiar knowledge that would...

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