# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · January 10, 2000 · 268 A.D.2d 439

URL: https://www.frixlaw.com/law-library/cases/6044627

## Case

- **Full name:** The People of the State of New York v. Kenneth Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 10, 2000
- **Citations:** 268 A.D.2d 439; 701 N.Y.S.2d 619; 2000 N.Y. App. Div. LEXIS 163
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6044627

## Opinion text

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered May 7, 1997, convicting him of burglary in the third degree, criminal mischief in the third degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
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.
*440 It is not clear from the record whether the defendant was present during the off-the-record Sandoval hearing, and the Supreme Court’s Sandoval ruling was not “wholly favorable” to the defendant. Thus, we remit the matter to the Supreme Court for a reconstruction hearing to determine if the defendant was present (see, People v Michalek, 82 NY2d 906 ; People v Favor, 82 NY2d 254 ; People v Dokes, 79 NY2d 656 ; People v Smythe, 216 AD2d 424 ; People v Bazil, 212 AD2d 622 ).
We reach no other issue at this juncture. Thompson, J. P., Krausman, H. Miller and Schmidt, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6044627. Public record. Not legal advice.