THE PEOPLE &C., RESPONDENT, v. JOSEPH GEBROSKY, APPELLANT.

80 N.Y.2d 995, 607 N.E.2d 797, 592 N.Y.S.2d 650 (1992).
November 19, 1992

Paul Lewis, for Appellant.
Faith Crouchly, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant's absence from a material part of his Sandoval hearing (People v Sandoval, 34 NY2d 371) violated his right to be present at all material stages of his trial (People v Beasley, __ NY2d __ [Slip opn, decided 10-27-92]; People v Dokes, 79 NY2d 656). The issue is reviewable, despite defendant's failure to object, and the People's contention that this case involves exceptional circumstances rendering defendant's presence "superfluous" is unavailing (People v Dokes, supra, at 662).

* * * * * * * * * * * * * * * * *

Order reversed and a new trial ordered in a memorandum. Acting Chief Judge Simons and Judges Kaye, Titone, Hancock, Bellacosa and Smith concur.