People v. Rose

Appeal from judgment, Supreme Court, Bronx County (William T. Martin, J., at Sandoval Hearing, jury trial, and sentence), entered April 18, 1988, convicting defendant of the crime of rape in the first degree (Penal Law § 130.35 [1]), and sentencing him, as a second violent felony offender, to an indeterminate term of imprisonment of from eight to sixteen years, is unanimously held in abeyance, and the matter remanded to Criminal Term for an evidentiary hearing, as to whether defendant was present at the Sandoval Hearing.

On appeal, defendant contends that his conviction should be reversed,…