People v. Ballard

Judgment unanimously reversed on the law and new trial granted. Memorandum: We reserved decision and remitted this matter to Onondaga County Court for a reconstruction hearing (see, People v Ballard, 189 AD2d 340, appeal dismissed sub nom. People v Walker, 81 NY2d 1065) in accordance with our decision in People v Mitchell (189 AD2d 337, lv dismissed sub nom. People v Walker, 81 NY2d 1065; see also, People v Michalek, 82 NY2d 906). The record of the reconstruction hearing does not support a finding that defendant was present at the Sandoval conference and, therefore, reversal is required (see,…