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DEFENDANT HAD A RIGHT TO BE PRESENT DURING THE SANDOVAL/MOLINEUX DISCUSSIONS OF THE ADMISSIBILITY OF HIS PRIOR CONVICTIONS; THE FACT THAT THE JUDGE ANNOUNCED HIS SANDOVAL/MOLINEUX RULINGS IN THE DEFENDANT’S PRESENCE WAS NOT ENOUGH; NEW TRIAL ORDERED (CT APP).

The Court of Appeals, reversing defendant’s conviction, in a full-fledged opinion by Judge Rivera, determined defendant had a right to be present during the Sandoval/Molineux discussions concerning the admissibility of defendant’s prior convictions. The fact that the judge announced his rulings in defendant’s presence was not enough:

We reverse defendant’s conviction and grant him a new trial. The trial court held a conference in defendant’s absence on the prosecution’s motion to cross examine him on his prior criminal conduct, in violation of his right to be present (see CPL 260.20 …). The court held a subsequent hearing on the motion in defendant’s presence. However, the court did not hear arguments on the merits, did not confirm defendant’s understanding of the underlying facts or the merits of the application, and merely announced its decision. Thus, the subsequent proceeding did not provide for defendant’s meaningful participation in the determination of the merits of the motion and did not cure the earlier violation. People v Sharp, 2024 NY Slip Op 05132, CtApp 10-17-24

Practice Point: Defendant’s right to be present at trial includes the right to be present during the arguments about the admissibility of defendant’s prior convictions under Sandoval/Molineux. Defendant’s presence when the judge announced the Sandoval/Molineux rulings is not sufficient.

 

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