Opinion
November 16, 1994
Appeal from the Niagara County Court, Hannigan, J.
Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.
Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: The People candidly concede that, because the record does not establish whether defendant was present at a Sandoval conference, the case must be remitted to Niagara County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v. Michalek, 82 N.Y.2d 906; People v. James, 207 A.D.2d 1028; People v. Mitchell, 189 A.D.2d 337).