People v. Daniel

Appellate Division of the Supreme Court of New York

People v. Daniel

203 A.D.2d 968, 612 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 5034

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 968 (People v. Daniel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Daniel, 203 A.D.2d 968, 612 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 5034 (N.Y. Ct. App. 1994).

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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 establish whether the combined Sandoval-Ventimiglia hearing requested by defendant was held or whether defendant was present at such a hearing. Therefore, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing to expand the record and to determine whether Sandoval and/or Ventimiglia hearings were conducted and, if so, whether defendant was present (see, People v Michalek, 82 NY2d 906; People v Snell, 203 AD2d 933 [decided herewith]; People v Indivero, 202 AD2d 989; see also, People v Spotford, 196 AD2d 179). (Appeal from Judgment of Onondaga County Court, Burke, J. — Murder, 2nd Degree.) Present — Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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—Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record does not establish whether the combined Sandoval-Ventimiglia hearing requested by defendant was held or whether defendant was present at such a hearing. Therefore, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing to expand the record and to determine whether Sandoval and/or Ventimiglia hearings were conducted and, if so, whether defendant was present (see, People v Michalek, 82 NY2d 906; People v Snell, 203 AD2d 933 [decided herewith]; People v Indivero, 202 AD2d 989; see also, People v Spotford, 196 AD2d 179). (Appeal from Judgment of Onondaga County Court, Burke, J. — Murder, 2nd Degree.) Present — Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

203 A.D.2d 968, 612 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 5034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daniel-nyappdiv-1994.

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