People v. Andino

—Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered May 11, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

It is undisputed that, in the absence of defendant, the trial court informed counsel that it would conduct a Sandoval hearing only in the presence of defendant if defendant chose to testify. Defendant did not pursue his request for the trial court to conduct a Sandoval hearing, on the single conviction involved…