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The People of the State of New York v. Timothy Sharpe
—Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: The record does not indicate whether defendant was present at the Sandoval hearing. A reconstruction hearing is therefore necessary (see, People v Odiat, 82 NY2d 872; People v Johnson, 206 AD2d 874, 875; People v Mitchell, 189 AD2d 337).
(Appeal from Judgment of Oneida County Court, Buckley, J.—Attempted Robbery, 1st Degree.) Present—Lawton, J. P., Fallon, Wesley, Davis and Boehm, JJ.
