People v Walker, 18 NY3d 839 (2011)

2011 NY Slip Op 09165 [18 NY3d 839]
December 20, 2011
Court of Appeals

[*1]

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.

{**18 NY3d at 839} OPINION OF THE COURT

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.