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PEOPLE v. MOUX
Appellate Division of the Supreme Court of New York, First Department.
Jan 14, 1999
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.
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