People v. Koberstein

206 A.D.2d 928, 616 N.Y.S.2d 297, 1994 N.Y. App. Div. LEXIS 7870

Opinion

Case held, decision reserved and matter remitted to Oneida 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 Oneida 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 Oneida County Court, Buckley, J.—Murder, 2nd Degree.) Present—Pine, J. P., Balio, Fallon, Wesley and Davis, JJ.