People v. Smythe

—Appeal by the defendant from two judgments of the Supreme Court, Queens County (O’Dwyer, J.), both rendered January 11, 1993, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 11635/90, upon a jury verdict, and attempted criminal sale of a controlled substance in the third degree under Indictment No. 10957/90, upon his plea of guilty, and imposing sentences. By decision and order dated June 12, 1995, this Court remitted the matter to the Supreme Court, Queens County, to hear and report on whether the defendant was present at a Sandoval hearing…