People v. Koberstein

Judgment unanimously reversed on the law and new trial granted in accordance with the following Memorandum: This matter was remitted to Oneida County Court for a reconstruction hearing pursuant to People v Mitchell (189 AD2d 337) to determine whether defendant was present at a Sandoval conference during his jury trial (People v Koberstein, 206 AD2d 928). The record reflects that defendant was not present when the court conducted a brief Sandoval conference in chambers wherein it informed counsel that it would apply an earlier Sandoval ruling that it had made in a prior trial of defendant on…