Opinion
April 25, 1994
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the appeals are held in abeyance, and the matters are remitted to the Supreme Court, Kings County, for a reconstruction hearing to determine whether the defendant was present at a Sandoval hearing conducted on January 4, 1989; the Supreme Court, Kings County, is to file its report with all convenient speed.
Because the record is unclear as to whether the defendant was present during the Sandoval hearing held on January 4, 1989, and because the decision rendered 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; People v Odiat, 82 N.Y.2d 872; People v Favor, 82 N.Y.2d 254; People v Dokes, 79 N.Y.2d 656; People v Farrell, 201 A.D.2d 665).
We reach no other issues at this juncture. Sullivan, J.P., O'Brien, Goldstein and Florio, JJ., concur.