| People of State of New York v Dee Dee Cunningham |
| Motion No: 2005-00440 orcr 01-05-2006 |
| Slip Opinion No: 2006 NYSlipOp 63486(U) |
| Decided on February 10, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DEE DEE CUNNINGHAM, Appellant. |
DECISION
On the court's own motion, appeal dismissed with leave to appellant, if she be so advised, to bring a motion in this court within 30 days of the date of the order hereon, upon service of a copy thereof and the affidavit of errors on the court below and the People, to vacate the dismissal and to compel the court below to serve and file a court's return responding to the affidavit of errors as statutorily required (CPL 460.10 [3] [d] [e]).
A court's return in a case in which the underlying proceedings are not recorded by a court stenographer "must set forth or summarize evidence, facts or occurrences in or adduced at the proceedings resulting in the judgment, sentence or order, which constitute the factual foundation for the contentions alleged in the affidavit of errors" (CPL 460.10 [3] [d]).