Opinion
January 14, 1999.
Appeal from the Supreme Court, New York County (James Leff, J.).
Our prior order dated August 14, 1997, in which we remitted for a "reconstruction hearing with respect to the voir dire held on March 1 through 12, 1995", was intended to cover reconstruction of the Sandoval hearing that took place during jury selection. Such reconstruction should include a determination of whether defendant was present at the Sandoval hearing, or, if not, whether he waived his presence, and we now so direct.
Concur — Ellerin, J.P., Wallach, Mazzarelli and Andrias, JJ.