People v. Jenner

Appellate Division of the Supreme Court of New York

People v. Jenner

202 A.D.2d 986, 610 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3350

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1994·Published·Cited by 2 cases

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 906; People v Odiat, 82 NY2d 872; People v Mitchell, 189 AD2d 337). (Appeal from Judgment of Onondaga County Court, Cunningham, J. — Sexual Abuse, 1st Degree.) Present— Green, J. P., Balio, Lawton, Doerr and Boehm, 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: 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 906; People v Odiat, 82 NY2d 872; People v Mitchell, 189 AD2d 337). (Appeal from Judgment of Onondaga County Court, Cunningham, J. — Sexual Abuse, 1st Degree.) Present— Green, J. P., Balio, Lawton, Doerr and Boehm, JJ.

People v. Jenner, 202 A.D.2d 986, 610 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3350 (N.Y. Ct. App. 1994).

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