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People v. Moody

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 987 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Oneida County Court, Buckley, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: Pending this appeal, County Court, with the consent of both parties, held a reconstruction hearing. The record reflects that the issue of what transpired at the initial Sandoval hearing was sharply contested and turned on issues of credibility. Because the reconstruction court failed to make findings of fact, we cannot determine whether a de novo hearing took place (see, People v Russell, 191 A.D.2d 1001, lv denied 81 N.Y.2d 1019). We, therefore, remit the matter to County Court to make the requisite findings of fact (see, People v. Miller, 221 A.D.2d 1001).


Summaries of

People v. Moody

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 987 (N.Y. App. Div. 1996)
Case details for

People v. Moody

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. MOODY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 987 (N.Y. App. Div. 1996)
638 N.Y.S.2d 570