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PEOPLE v. HOEY

3328/12, 1653.

145 A.D.3d 118 (2016)

2016 NY Slip Op 07150

41 N.Y.S.3d 477

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HOEY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 1, 2016.

Attorney(s) appearing for the Case

Law Offices of James Kousouros, New York City (James Kousouros of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (David P. Stromes and Hilary Hassler of counsel), for respondent.

SWEENY, J.P., ACOSTA, KAPNICK and KAHN, JJ., concur.

OPINION OF THE COURT

A jury convicted defendant of assault in the third degree (Penal Law § 120.00 [1]) as against his girlfriend and tampering with physical evidence (Penal Law § 215.40). The dispositive issue on this appeal is whether defendant's absence from colloquies before the trial judge relating to the admissibility...

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