Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Cornelius James, Appellant
207 A.D.2d 1028617 N.Y.S.2d 699·New York Supreme Court, Appellate Division·1994·NY
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Opinion
The People of the State of New York, Respondent, v Cornelius James, Appellant.
[617 NYS2d 699]
[MAJORITY]
—Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: Because the record does not establish whether defendant was present at the Sandoval conference, we reserve decision and remit the matter to Niagara County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Michalek, 82 NY2d 906; People v Odiat, 82 NY2d 872; People v Koberstein, 206 AD2d 928; People v Mitchell, 189 AD2d 337). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Den-man, P. J., Green, Fallon, Wesley and Doerr, JJ.