People v. James

207 A.D.2d 1028, 617 N.Y.S.2d 699, 1994 N.Y. App. Div. LEXIS 10348

Opinion

—Case held, decision reserved and matter remitted to Niagara 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 Niagara County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Michalek, 82 NY2d 906; People v Odiat, 82 NY2d 872; People v Koberstein, 206 AD2d 928; People v Mitchell, 189 AD2d 337). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Den-man, P. J., Green, Fallon, Wesley and Doerr, JJ.