Appellate Division of the Supreme Court of New York, 1995

People v. Ireland

People v. Ireland
Appellate Division of the Supreme Court of New York · Decided December 22, 1995
222 A.D.2d 1075; 636 N.Y.S.2d 694; 1995 N.Y. App. Div. LEXIS 14146
People v. Ireland

Opinion of the Court

—Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: A reconstruction hearing was held in this case to es*1076tablish whether defendant was present at an in-chambers Sandoval conference. The record of that hearing shows that the issue of defendant’s presence was sharply contested. The attorneys declined County Court’s offer to render a decision, erroneously believing that no decision was required at that point. Because issues of credibility should ordinarily be determined by the hearing court, which saw and heard the witnesses (see, People v Michalek, 218 AD2d 750), we reserve decision and remit the matter to County Court to make findings of fact and determine whether defendant was present at the Sandoval hearing (see, People v Miller [appeal No. 1], 221 AD2d 1001; cf, People v James, 221 AD2d 963). (Appeal from Judgment of Oneida County Court, Murad, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Lawton, Wesley, Balio and Davis, JJ.

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