Does a motion to suppress need to be heard in person?

People v. Lombardi, 18 A.D.2d 177, 180, 239 N.Y.S.2d 161, 164.) The minutes of a hearing on such a motion are a part of the judgment roll and part of the '* * * 'stenographic minutes of the entire proceedings of the trial' even where the motion to suppress is heard and decided prior to the trial * * *.' (People v. Brady, 21 A.D.2d 979, 247 N.Y.S.2d 805, People v. Dempsey, 21 A.D.2d 982, 244 N.Y.S.2d 726.)

It is therefore clear that the presence of a defendant during a hearing on a motion to suppress '* * * bears, or may fairly be assumed to bear, a relation, reasonably substantial, to his opportunity to defend.' (Snyder v. Com. of Massachusetts, 291 U.S. 97, 106, 54 S.Ct. 330, 332, 78 L.Ed. 674.) It is not a stage of the cause 'at which the function of counsel is mechanical or formal * * *.' (ibid., p. 115, 54 S.Ct. p. 335.) Therefore it was error on the part of the court to exclude the defendants from the courtroom during the hearing on the motion to suppress.

Order and judgment of conviction reversed on the law and new trial ordered.

All concur.