People v. Nicholson

—Appeal unanimously dismissed. Memorandum: This is an appeal by defendant from an order summarily denying his motion, pursuant to People v Mitchell (189 AD2d 337), to reconstruct the record of his trial to reflect that a Sandoval conference was conducted off the record and outside defendant’s presence. Defendant sought reconstruction in order to enable him to raise a Dokes issue (see, People v Dokes, 79 NY2d 656) on the pending appeal from his conviction of second degree murder. Defendant contends that the court erred in denying the reconstruction motion without a hearing despite the fact…