Opinion
March 11, 1994
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Case held, decision reserved and matter remitted to Onondaga 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 Onondaga County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Michalek, 82 N.Y.2d 807; People v. Odiat, 82 N.Y.2d 872; People v Mitchell, 189 A.D.2d 337, lv dismissed sub nom. People v. Walker, 81 N.Y.2d 1065).