Majority
p. 874The People of the State of New York, Respondent, v
p. 875Melvin Johnson, Appellant. [616 NYS2d 309]
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 NY2d 872 ; People v Mitchell, 189 AD2d 337 ; see also, People v Brown, 199 AD2d 963 ). (Appeal from Judgment of Supreme Court, Erie County, Doyle, J.—Manslaughter, 1st Degree.) Present—Denman, P. J., Fallon, Wesley, Doerr and Boehm, JJ.
Cases cited
- People v. Odiat 82 NY2d 872 p. 875
- People v. Mitchell 189 AD2d 337 p. 875
- People v. Brown 199 AD2d 963 p. 875