Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN F. INDIVERO, JR., Appellant. Case held, decision reserved and matter remitted to Onondaga 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 Onondaga 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 807; People v. Odiat, 82 N.Y.2d 872; People v Mitchell, 189 A.D.2d 337, lv dismissed sub nom. People v. Walker, 81 N.Y.2d 1065).