Majority
p. 1008The People of the State of New York, Respondent, v Timothy Sharpe, Appellant. [625 NYS2d 971]
—Case held, decision reserved and matter remitted to Oneida County 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 Johnson, 206 AD2d 874 , 875; People v Mitchell, 189 AD2d 337 ). (Appeal from Judgment of Oneida County Court, Buckley, J.—Attempted Robbery, 1st Degree.) Present—Lawton, J. P., Fallon, Wesley, Davis and Boehm, JJ.
Cases cited
- People v. Odiat 82 NY2d 872 p. 1008
- People v. Johnson 206 AD2d 874 at 875 p. 1008
- People v. Mitchell 189 AD2d 337 p. 1008