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PEOPLE v. BROWN

268 A.D.2d 439 (2000)

701 N.Y.S.2d 619

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BROWN, Appellant.

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

Decided January 10, 2000.

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

It is not clear from the record whether the defendant was present during the off-the-record Sandoval hearing, and the...

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