| People v Walker |
| 2011 NY Slip Op 09165 [18 NY3d 839] |
| December 20, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 7, 2012 |
| The People of the State of New York, Respondent, v Frederick E. Walker, Appellant. |
Decided December 20, 2011
People v Walker, 78 AD3d 1671, modified.
APPEARANCES OF COUNSEL
James S. Hinman, P.C., Rochester (James S. Hinman of counsel), for appellant.
Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order{**18 NY3d at 840} modified and case remitted to Supreme Court, Monroe County, for further proceedings, and as so modified, affirmed. We conclude that on this record defendant satisfied his burden of showing that a reconstruction hearing is necessary to determine whether he was present during the Sandoval hearing. Upon remittal, if it is determined that defendant was not present during the Sandoval hearing, a new trial must be ordered; if it is determined that defendant was present, the judgment of conviction should be amended to reflect that result.
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Jones. Taking no part: Judge Pigott.