Opinion
July 15, 1994
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Denman, P.J., Fallon, Wesley, Doerr and Boehm, JJ.
Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at the Sandoval hearing. A reconstruction hearing is therefore necessary (see, People v. Odiat, 82 N.Y.2d 872; People v. Mitchell, 189 A.D.2d 337; see also, People v. Brown, 199 A.D.2d 963).