Opinion
April 3, 1995
Appeal from the Supreme Court, Queens County (Katz, J.).
Ordered that the appeal is 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 September 1, 1993; 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 September 1, 1993, 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 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, affd 84 N.Y.2d 825).
We reach no other issues at this juncture. Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.