People v. Ireland

222 A.D.2d 1075, 636 N.Y.S.2d 694, 1995 N.Y. App. Div. LEXIS 14146

Opinion

—Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: A reconstruction hearing was held in this case to establish whether defendant was present at an in-chambers Sandoval conference. The record of that hearing shows that the issue of defendant’s presence was sharply contested. The attorneys declined County Court’s offer to render a decision, erroneously believing that no decision was required at that point. Because issues of credibility should ordinarily be determined by the hearing court, which saw and heard the witnesses (see, People v Michalek, 218 AD2d 750), we reserve decision and remit the matter to County Court to make findings of fact and determine whether defendant was present at the Sandoval hearing (see, People v Miller [appeal No. 1], 221 AD2d 1001; cf, People v James, 221 AD2d 963). (Appeal from Judgment of Oneida County Court, Murad, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Lawton, Wesley, Balio and Davis, JJ.