Majority
p. 1045The People of the State of New York, Respondent, v Dale Dulac, Appellant. [619 NYS2d 1005]
Case held, decision
p. 1046
reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: The People candidly concede that, because the record does not establish whether defendant was present at a Sandoval conference, the case must be remitted to Niagara County Court for a reconstruction hearing to expand the record and to determine whether defendant was present (see, People v Michalek, 82 NY2d 906 ; People v James, 207 AD2d 1028 ; People v Mitchell, 189 AD2d 337 ). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Sodomy, 1st Degree.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.
Cases cited
- People v. Michalek 82 NY2d 906 p. 1046
- People v. Mitchell 189 AD2d 337 p. 1046