PEOPLE v. JAMES

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 N.Y.2d 906; People v. Odiat, 82 N.Y.2d 872; People v. Koberstein, 206 A.D.2d 928; People v. Mitchell, 189 A.D.2d 337).