People v. Odiat

—Judgment, Supreme Court, Bronx County (Nicholas Figueroa, J.), rendered December 18, 1989, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him as second felony offender to a term of 516. to 11 years, unanimously affirmed.

Ordinarily, where a defendant claims that a Sandoval hearing was conducted in his absence, and the record is ambiguous as to his presence, as it is herein, we will hold the appeal in abeyance and remand for a hearing on that issue (see, People v Rose, 172 AD2d 230). However, that procedure is not warranted where the record reveals…