People v. Baxter

Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: When this appeal was previously before us, we held the case, reserved decision and remitted the matter for a reconstruction hearing to determine whether defendant was present at an in-chambers Sandoval hearing (People v Baxter, 216 AD2d 931). The testimony at the reconstruction hearing was sharply conflicting on the issue of defendant’s presence. County Court, however, made neither findings of fact nor a determination whether defendant was present at…