THE PEOPLE &C., RESPONDENT,, v. ROBERTO CRUZ, A/K/A JOSE RODRIGUEZ, APPELLANT.

81 N.Y.2d 738, 609 N.E.2d 120, 593 N.Y.S.2d 767 (1992).
December 17, 1992

1 No. 288
Decided December 17, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

William B. Carney, for Appellant.
Daniel S. Ratner, for Respondent.
Association of the Bar of the City of New York; and New York State District Attorneys Association, amici curiae.

MEMORANDUM:

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

The trial court improperly conducted a Sandoval hearing (People v Sandoval, 34 NY2d 371) in defendant's absence, requiring a new trial (see, People v Dokes, 79 NY2d 656; People v Gebrosky, ___ NY2 ___). It is therefore unnecessary to consider defendant's remaining contention.

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

Order reversed and a new trial ordered in a memorandum. Acting Chief Judge Simons and Judges Kaye, Titone, Hancock and Bellacosa concur. Judge Smith took no part.

THE PEOPLE &C., RESPONDENT,, v. ROBERTO CRUZ, A/K/A JOSE RODRIGUEZ, APPELLANT.

81 N.Y.2d 738, 609 N.E.2d 120, 593 N.Y.S.2d 767 (1992). December 17, 1992

81 N.Y.2d 738, 609 N.E.2d 120, 593 N.Y.S.2d 767 (1992).
December 17, 1992