People v. Burks

210 A.D.2d 887, 621 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 13338

Opinion

—Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at the Sandoval conference or at the Ventimiglia hearing. Thus, we remit the matter to County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Odiat, 82 NY2d 872; People v Mitchell, 189 AD2d 337). (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Scheme to Defraud, 1st Degree.) Present—Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.