Opinion
June 25, 1996
Appeal from the Supreme Court, Bronx County (Arlene Silverman, J.).
The record is unclear whether defendant was present at the Sandoval hearing, and, since, the decision rendered was not wholly favorable to him, we remand to the trial court for a hearing on this issue, and hold the appeal in abeyance pending such hearing ( People v. Rodriguez, 216 A.D.2d 16; see also, People v. Monclavo, 87 N.Y.2d 1029).
Concur — Murphy, P.J., Rosenberger, Rubin and Williams, JJ.