Opinion
June 12, 1995
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the appeals are held in abeyance, and the matter is remitted to the Supreme Court, Queens County, for a reconstruction hearing to determine whether the defendant was present at a Sandoval hearing conducted on October 21, 22, and 26, 1992. The Supreme Court, Queens 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 October 21, 22, and 26, 1992, and because the decision rendered was not "wholly favorable" to the defendant, the matter must be remitted to the Supreme Court for a reconstruction hearing to determine the issue (see, People v. Michalek, 194 A.D.2d 568, affd 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. Parchment, 203 A.D.2d 595; People v. Farrell, 201 A.D.2d 665).
We reach no other issues at this juncture. Mangano, P.J., Joy, Hart and Florio, JJ., concur.