People v. Indivero

202 A.D.2d 989, 610 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3355

Opinion

—Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Because the record does not establish whether defendant was present at the Sandoval conference, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Michalek, 82 NY2d 807; People v Odiat, 82 NY2d 872; People v Mitchell, 189 AD2d 337, Iv dismissed sub nom. People v Walker, 81 NY2d 1065). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Criminal Possession Weapon, 3rd Degree.) Present — Green, J. P., Balio, Lawton, Doerr and Boehm, JJ.