People v. Durda

—Judgment unanimously affirmed. Memorandum: Upon remittitur to Supreme Court for a reconstruction hearing (People v Durda, 259 AD2d 996), the court properly determined, based upon the testimony adduced at the hearing (see, People v Alomar, 93 NY2d 239), that the People’s Ventimiglia application was decided on papers alone and that no off-the-record proceeding occurred. We conclude, therefore, that the People met their burden at the reconstruction hearing of establishing by a preponderance of the evidence that defendant was not denied the right to be present at a Ventimiglia proceeding (see,…