Opinion
March 17, 1995
Appeal from the Onondaga County Court, Cunningham, J.
Present — Green, J.P., Lawton, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reserved decision and remitted this matter to Onondaga County Court for a reconstruction hearing (People v. Jenner, 202 A.D.2d 986) in accordance with our decision in People v. Mitchell ( 189 A.D.2d 337). The record of the reconstruction hearing supports the findings of the court that no Sandoval discussion occurred outside defendant's presence and that defendant was able to participate meaningfully in the Sandoval hearing held in open court.
We further conclude that defendant's conviction is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).