People v. Sharpe

Judgment unanimously affirmed. Memorandum: This matter was remitted to Oneida County Court for a reconstruction hearing and findings of fact and a determination whether defendant was present at the Sandoval hearing (People v Sharpe, 225 AD2d 1075). Al*978though the issue whether defendant was present at the Sandoval hearing was disputed at the reconstruction hearing, the hearing court, which saw and heard the witnesses, found that defendant was present at the Sandoval hearing and that no additional hearing took place thereafter. There was ample testimony adduced at the hearing to support the…