Judgment unanimously reversed on the law and new trial granted. Memorandum: We reserved decision and remitted this matter to Supreme Court for a reconstruction hearing on the issue whether defendant was present at the Sandoval hearing ( People v. James, 245 A.D.2d 1115). The record of the reconstruction hearing supports the court's determination that the Sandoval hearing was held outside of defendant's presence ( see, People v. Evans, 232 A.D.2d 424, lv denied 89 N.Y.2d 921). Because the Sandoval ruling was not entirely in defendant's favor, the judgment of conviction must be reversed ( see, People v. Favor, 82 N.Y.2d 254, 267, rearg denied 83 N.Y.2d 801). In view of our decision, we do not address defendant's remaining contentions.