Opinion
May 11, 1998
Appeal from the Supreme Court, Kings County (Delury, J.).
Ordered that the judgment is affirmed.
After a hearing the Supreme Court determined that the defendant was present at the Sandoval hearing.
"It is well settled that, `[t]he determination of a hearing court, which has the advantage of hearing and seeing the witnesses, should be upheld unless it is clearly unsupported by the evidence in the record'" ( People v. Evans, 232 A.D.2d 424, quoting People v. Parchment, 218 A.D.2d 752, 753). Contrary to the defendant's contentions, the record of the reconstruction hearing supported the Supreme Court's findings ( see generally, People v. Evans, supra).
The defendant's remaining contention is without merit.
Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.