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PEOPLE v. ANTOMMARCHI

80 N.Y.2d 247 (1992)

The People of the State of New York, Respondent, v. Domingo Antommarchi, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1992.

Attorney(s) appearing for the Case

Kenneth Finkelman, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Paul Shechtman, David Joseph Mudd and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

SIMONS, J.

A jury has convicted defendant of criminal possession of a controlled substance in the third degree and the Appellate Division has affirmed. He seeks reversal contending that (1) he was denied his constitutional and statutory right to be present during a material stage of the proceedings (see, US Const 6th, 14th Amends; NY Const, art I, § 6; CPL 260.20) and (2) the court's instruction on...

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