PEOPLE v. ROSE

On appeal, defendant contends that his conviction should be reversed, since his due process right, to be personally present at all material stages of the trial (see, People v. Mehmedi, 69 N.Y.2d 759, 760; CPL 260.20), was violated by his absence, without waiver, from the Sandoval Hearing (People v. Sandoval, 34 N.Y.2d 371). In view of the fact that our examination of the transcript of the Sandoval Hearing does not clearly indicate whether the defendant was present, we hold the appeal in abeyance, and remand the matter to Criminal Term for a hearing on that issue.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Smith, JJ.