People v. James , 666 N.Y.S.2d 97 ( 1997 )

—Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The record does not establish whether defendant was present at the Sandoval hearing. We therefore remit this matter for a reconstruction hearing (see, e.g., People v Johnson, 206 AD2d 874, 875). (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J.—Burglary, 1st Degree.) Present—Lawton, J. P., Hayes, Wisner, Callahan and Boehm, JJ.