
    [727 NE2d 1249, 706 NYS2d 695]
    The People of the State of New York, Respondent, v Richard Duchesne, Appellant.
    Argued January 6, 2000;
    decided February 29, 2000
    
      APPEARANCES OF COUNSEL
    
      Office of the Appellate Defender, New York City (Risa Gerson, Richard M. Greenberg and Rosemary Herbert of counsel), for appellant.
    
      Robert M. Morgenthau, District Attorney of New York County, New York City (Sandra E. Cavazos and Patrick J. Hynes of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The record does not support defendant’s assertion that the hearing court abused its discretion in balancing the applicable factors in conducting the Sandoval hearing in defendant’s second trial. Defendant’s remaining contention is without merit.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.  