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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN JOHNSON, Appellant.

Case held, decision reserved and matter remitted to Supreme 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. Mitchell, 189 A.D.2d 337; see also, People v. Brown, 199 A.D.2d 963).

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PEOPLE v. JOHNSON
(Jul 15, 1994)