Opinion
March 8, 1996
Appeal from the Oneida County Court, Buckley, J.
Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: By order dated March 17, 1995, this Court held defendant's appeal, reserved decision and remitted the matter for a reconstruction hearing to determine whether defendant was present at an in-chambers Sandoval hearing ( People v Sharpe, 213 A.D.2d 1008). The reconstruction hearing was held on May 31, 1995. The record of that hearing discloses that the issue of defendant's presence was sharply contested. County Court, however, neither made findings of fact nor a determination whether defendant was present at the Sandoval hearing. "Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the hearing court, which saw and heard the witnesses" ( People v Michalek, 218 A.D.2d 750, 751, lv denied 86 N.Y.2d 874). We, therefore, reserve decision and remit the matter to Oneida County Court to make findings of fact and a determination whether defendant was present at the Sandoval hearing ( see, People v Ireland, 222 A.D.2d 1075; People v Miller, 221 A.D.2d 1001).