People v. Sharpe

Memorandum: By order dated March 17, 1995, this Court held defendant’s appeal, reserved decision and remitted the matter for a reconstruction hearing to determine whether defendant was present at an in-chambers Sandoval hearing (People v Sharpe, 213 AD2d 1008). The reconstruction hearing was held on May 31, 1995. The record of that hearing discloses that the issue of defendant’s presence was sharply contested. County Court, however, neither made findings of fact nor a determination whether defendant was present at the Sandoval hearing. "Resolution of issues of credibility, as well as the…