Opinion
June 6, 1995
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
Since the record is unclear as to whether defendant was present at the Sandoval hearing, and the decision rendered was not wholly favorable to the defendant, we remand to the Supreme Court for a hearing on this issue ( see, People v. Michalek, 82 N.Y.2d 906, 907), and hold the appeal in abeyance pending such hearing.
Concur — Murphy, P.J., Sullivan, Rubin, Asch and Williams, JJ.