People v. Rodriguez

Judgment unanimously reversed on the law and facts and new trial granted. Memorandum: Following a reconstruction hearing (see, People v Mitchell, 189 AD2d 337), County Court found that Sandoval proceedings had been held in chambers outside of defendant’s presence. Consequently, reversal of defendant’s conviction is required (see, People v Dokes, 79 NY2d 656), unless the record reveals that the court’s Sandoval ruling was wholly favorable to defendant (see, People v Odiat, 82 NY2d 872, 874; People v Favor, 82 NY2d 254, 268, reargument denied 83 NY2d 801). *1048We credit the testimony of defendant’s…