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PEOPLE v. HEATH

1041, 163/12.

139 A.D.3d 421 (2016)

30 N.Y.S.3d 103

2016 NY Slip Op 03440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER HEATH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2016.

Since there is no evidence that any unrecorded discussion constituted a Sandoval hearing, the record fails to support defendant's claim that a Sandoval hearing occurred off the record and in his absence (see People v Jones, 213 A.D.2d 250 [1st Dept 1995], lv denied 86 N.Y.2d 796 [1995]; see also People v Kinchen, 60 N.Y.2d 772 [1983]). To the extent the record permits...

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