People v. Dokes, 79 N.Y.2d 656 (1992)
A defendant has a right to be present at a Sandoval hearing because it is a material stage of the trial where the defendant’s peculiar knowledge about prior bad acts is essential for a fair determination of the permissible scope of cross-examination.
Summary
Defendant was convicted of drug sale and possession. The Court of Appeals reversed, holding that the defendant’s right to be present at all material stages of the trial was violated when the trial court conducted a Sandoval hearing in his absence. The Court reasoned that a Sandoval hearing requires the defendant’s presence because the defendant possesses unique knowledge about their prior bad acts that is crucial for determining the permissible scope of cross-examination, thus impacting the decision whether to testify. This right is protected by both statute and due process.
Facts
The defendant was convicted of criminal sale and possession of a controlled substance following a “buy and bust” operation. Prior to jury selection, the court held a conference in the judge’s robing room regarding the defendant’s Sandoval motion to preclude the prosecution from cross-examining him about prior crimes. The defendant was not present during this conference.
Procedural History
The defendant was convicted in the trial court. The Appellate Division affirmed the judgment. The New York Court of Appeals reversed the Appellate Division’s order and ordered a new trial, finding that the defendant’s absence from the Sandoval hearing violated his right to be present at a material stage of the trial.
Issue(s)
Whether a defendant’s right to be present at all material stages of a trial is violated when a Sandoval hearing, determining the permissible scope of cross-examination regarding prior bad acts, is conducted in the defendant’s absence.
Holding
Yes, because the Sandoval hearing is a material stage of the trial where the defendant’s presence is necessary to ensure a fair determination of the permissible scope of cross-examination, as the defendant possesses unique knowledge about the underlying facts of prior bad acts.
Court’s Reasoning
The Court reasoned that a defendant has a statutory and due process right to be present at all material stages of a trial, including instances where their presence has a reasonably substantial relation to their opportunity to defend against the charge. CPL 260.20 mandates the defendant be present during the trial of an indictment. The Court distinguished this case from precharge conferences involving only questions of law or procedure, where the defendant’s presence is not required. The court emphasized that the Sandoval hearing is a crucial proceeding because it determines the extent to which the defendant will be subject to impeachment by cross-examination about prior bad acts if he testifies. “Given the number of factors that are relevant to the court’s decision, the potential for meaningful participation by the defendant during the determination of the merits of a Sandoval motion is apparent.” The defendant is best positioned to point out errors in the DCJS report, controvert assertions by the prosecutor regarding uncharged acts, and provide counsel with details about the underlying facts. The Court noted, “[T]he defendant’s presence will help to ensure that the court’s determination will not be predicated on the prosecutor’s ‘unrebutted view of the facts’.” Furthermore, the court’s ruling on the permissible scope of cross-examination often significantly influences the defendant’s decision to testify. Therefore, unless the defendant’s criminal history and the issues at the hearing render their presence superfluous, the hearing should not be conducted in their absence. The court concluded that the Sandoval hearing was a material stage of the trial in this case, and the defendant’s presence was required.