People v. Mitchell

—Judgment unanimously reversed on the law and new trial granted. Memorandum: When this appeal was previously before our Court, we reserved decision and remitted the matter to Niagara County Court for a reconstruction hearing to determine what transpired at the Sandoval conference, including whether defendant was present (People v Mitchell', 189 AD2d 337). The record of the reconstruction hearing establishes that defendant was not present during the Sandoval conference conducted in the Judge’s chambers, where the court ruled that the People could cross-examine defendant about a prior criminal…