Submitted by Robert Mastrocola, for Appellant.
Submitted by James Eckert, for Respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed (see, People v Dokes, 79 NY2d 656).
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.