Ordered that the judgments are reversed, on the law, and a new trial is ordered.
After remittitur of this case for a factual reconstruction hearing, the Supreme Court determined that the defendant was not present at the Sandoval hearing.
It is well settled that, "[t]he determination of a hearing court, which has the advantage of hearing and seeing the witnesses, should be upheld unless it is clearly unsupported by the evidence in the record" (People...
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