Opinion
January 30, 1995
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the matters are remitted to the Supreme Court, Queens County, for a reconstruction hearing to determine whether the defendant was present at a Sandoval hearing conducted during the trial, and the appeals are held in abeyance in the interim. The Supreme Court, Queens County, is to file the report with all convenient speed.
Because the record is unclear as to whether the defendant was present during a Sandoval hearing, and because the decision rendered at the hearing was not "wholly favorable" to the defendant, this case must be remitted to the Supreme Court for a reconstruction hearing to determine this issue (see, People v Michalek, 82 N.Y.2d 906, 907; People v. Parchment, 203 A.D.2d 595; People v. Favor, 82 N.Y.2d 254).
We reach no other issue at this juncture. Sullivan, J.P., Thompson, Copertino and Pizzuto, JJ., concur.