People v. Carter

• Decision Date: 03 April 1995
• Citation: 214 A.D.2d 582,625 N.Y.S.2d 920
• Parties: The PEOPLE, etc., Respondent, v. John Lee CARTER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 920

625 N.Y.S.2d 920

214 A.D.2d 582

The PEOPLE, etc., Respondent, v. John Lee CARTER, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

April 3, 1995.

John J. Marotta, Douglaston, for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Jay L. Weiner, and Roger D. McDonough, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered October 20, 1993, convicting him of attempted robbery in the second degree (two counts) and attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the appeal is held in abeyance, and the matter is remitted to the Supreme Court, Queens County, for a reconstruction hearing to determine whether the defendant was present at a Sandoval hearing conducted on September 1, 1993; the Supreme Court, Queens County, is to file its report with all convenient speed.

Because the record is unclear as to whether the defendant was present during the Sandoval hearing held on September 1, 1993, and because the decision rendered was not "wholly favorable" to the defendant, this case must be remitted to the Supreme Court for a reconstruction hearing to determine the issue (see, People v. Michalek, 194 A.D.2d 568, 598 N.Y.S.2d 565, affd. 82 N.Y.2d 906, 609 N.Y.S.2d 172, 631 N.E.2d 114; People v. Odiat, 82 N.Y.2d 872, 609 N.Y.S.2d 166, 631 N.E.2d 108; People v. Favor, 82 N.Y.2d 254, 604 N.Y.S.2d 494, 624 N.E.2d 631; People v. Dokes, 79 N.Y.2d 656, 584 N.Y.S.2d 761, 595 N.E.2d 836; People v. Parchment, 203 A.D.2d 595, 612 N.Y.S.2d 939; People v. Farrell, 201 A.D.2d 665, 609 N.Y.S.2d 824, affd. 85 N.Y.2d 60, 623 N.Y.S.2d 550, 647 N.E.2d 762).

We reach no other issues at this juncture.

ROSENBLATT, J.P., and MILLER, THOMPSON and SANTUCCI, JJ., concur.