Opinion
July 18, 1985
Appeal from the County Court of Chemung County (Monroe, J.).
Defendant appeals from a conviction of criminal mischief in the third degree. Defendant argues, inter alia, that County Court erred in denying his Sandoval motion ( 34 N.Y.2d 371). The record reveals that County Court denied the motion without further comment or explanation. We have recently made clear that Trial Judges should place their reasons for their rulings on Sandoval motions on the record ( People v. Culver, 106 A.D.2d 680; People v Henderson, 97 A.D.2d 620). In this way, we can ensure that Trial Judges are properly exercising their discretion in ruling on Sandoval motions, as required by People v. Williams ( 56 N.Y.2d 236). County Court's failure to enunciate its reasons for its Sandoval ruling requires that this matter be remitted to provide it with an opportunity to place its reasons for its decision on the record ( People v. Culver, supra).
Decision withheld, and matter remitted to the County Court of Chemung County for further proceedings not inconsistent herewith. Mahoney, P.J., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.