THE PEOPLE &C., APPELLANT, v. COREY BEASLEY,
80 N.Y.2d 981, 607 N.E.2d 791, 592 N.Y.S.2d 644 (1992).
October 27, 1992
4 No. 300 SSM 48
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Robert Mastrocola, for Appellant.
Submitted by James Eckert, for Respondent.
Defendant's failure to raise an objection when the trial court proceeded to conduct a Sandoval (People v Sandoval, 34 NY2d 371) hearing in his absence is not an obstacle to our review (People v Dokes, supra, at 662). Since his presence was required at this material stage, which assessed and resolved the prosecutor's entitlement to cross-examine defendant with respect to drug-related activities -- he had no prior criminal convictions -- the Appellate Division correctly reversed and ordered a new trial. * * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order affirmed in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Bellacosa and Smith concur.