From Casetext: Smarter Legal Research

People v. Parchment

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1994
203 A.D.2d 595 (N.Y. App. Div. 1994)

Opinion

April 25, 1994

Appeal from the Supreme Court, Kings County (Fertig, J.).


Ordered that the appeals are held in abeyance, and the matters are remitted to the Supreme Court, Kings County, for a reconstruction hearing to determine whether the defendant was present at a Sandoval hearing conducted on January 4, 1989; the Supreme Court, Kings County, is to file its report with all convenient speed.

Because the record is unclear as to whether the defendant was present during the Sandoval hearing held on January 4, 1989, and because the decision rendered was not "wholly favorable" to the defendant, this case must be remitted to the Supreme Court for a reconstruction hearing to determine this issue (see, People v Michalek, 82 N.Y.2d 906; People v Odiat, 82 N.Y.2d 872; People v Favor, 82 N.Y.2d 254; People v Dokes, 79 N.Y.2d 656; People v Farrell, 201 A.D.2d 665).

We reach no other issues at this juncture. Sullivan, J.P., O'Brien, Goldstein and Florio, JJ., concur.


Summaries of

People v. Parchment

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1994
203 A.D.2d 595 (N.Y. App. Div. 1994)
Case details for

People v. Parchment

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK PARCHMENT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 1994

Citations

203 A.D.2d 595 (N.Y. App. Div. 1994)
612 N.Y.S.2d 939

Citing Cases

People v. Smythe

The Supreme Court, Queens County, is to file its report with all convenient speed. Because the record is…

People v. Robinson

We remit this matter to the Supreme Court for a reconstruction hearing to determine, if possible, whether the…