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PEOPLE v. DeWITT

243 A.D.2d 644 (1997)

665 N.Y.S.2d 517

The People of the State of New York, Respondent, v. Reginald DeWitt, Appellant

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

October 20, 1997

Ordered that the appeal is held in abeyance, and the matter is remitted to the Supreme Court, Kings County, for a reconstruction hearing to determine whether the defendant was present at the Sandoval hearing. The Supreme Court, Kings County, is to file its report with all convenient speed.

Because there was no record of the Sandoval hearing, we cannot determine whether the defendant was present for the hearing. Since the defendant's presence at the ...

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