People v. Johnson

—Judgment unanimously reversed on the law, new trial granted on count two of indictment and count one of indictment dismissed without *1058prejudice to the People to re-present any appropriate charges under count one to another Grand Jury. Memorandum: We reserved decision in this matter (People v Johnson, 206 AD2d 874) and remitted the matter to Supreme Court for a reconstruction hearing (see, People v Mitchell, 189 AD2d 337; see generally, People v Odiat, 82 NY2d 872). The evidence adduced at the reconstruction hearing established that defendant was not present during the Sandoval conference…