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PEOPLE v. DANIEL

Appellate Division of the Supreme Court of New York, Fourth Department.
Apr 15, 1994

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record does not establish whether the combined Sandoval-Ventimiglia hearing requested by defendant was held or whether defendant was present at such a hearing. Therefore, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing to expand the record and to determine whether Sandoval and/or Ventimiglia hearings were conducted and, if so, whether defendant was present (see, People v Michalek, 82 N.Y.2d 906; People v Snell, 203 A.D.2d 933 [decided herewith]; People v Indivero, 202 A.D.2d 989; see also, People v Spotford, 196 A.D.2d 179).