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).