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PEOPLE v. MITCHELL

189 A.D.2d 337 (1993)

The People of the State of New York, Respondent, v. Raymond Mitchell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 14, 1993

Attorney(s) appearing for the Case

William R. Lewis, Lockport (Leonard Tilney of counsel), for appellant.

Matthew J. Murphy, III, District Attorney of Niagara County, Lockport (Thomas Brandt of counsel), for respondent.

CALLAHAN, J. P., PINE, LAWTON, BOOMER and DAVIS, JJ., concur.

Per Curiam.

We are called upon to determine the preferred procedure to be used when a Sandoval hearing was conducted off the record and the record is silent concerning whether the defendant was present and what transpired at that hearing.

In People v Dokes (79 N.Y.2d 656), the Court held that, except where a defendant's criminal history and the issues to be resolved...

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