New York Court of Appeals

The People of the State of New York, Respondent v. Anton Michalek, Appellant

January 11, 199482 N.Y.2d 906

Summary

The Court modified the Appellate Division order, remanding the case for a reconstruction hearing to determine the defendant's presence at the pretrial in camera Sandoval hearing, and held that the defendant's Fifth Amendment claim was unpreserved because he failed to specify the constitutional objection.