Opinion
September 29, 2000.
Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Robbery, 2nd Degree.
PRESENT : PIGOTT, JR., P. J., HAYES, HURLBUTT, SCUDDER AND LAWTON, JJ.
Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:
The record does not establish whether defendant was present at the Sandoval hearing. We therefore hold the case, reserve decision and remit the matter to Supreme Court for a reconstruction hearing ( see, People v. James, 245 A.D.2d 1115; People v. Johnson, 206 A.D.2d 874, 875).