Opinion
March 17, 1995
Appeal from the Oneida County Court, Buckley, J.
Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at the Sandoval hearing. A reconstruction hearing is therefore necessary (see, People v. Odiat, 82 N.Y.2d 872; People v. Johnson, 206 A.D.2d 874, 875; People v. Mitchell, 189 A.D.2d 337).