| People of State of New York v Dee Dee Cunningham |
| Motion No: 2005-00440 orcr |
| Slip Opinion No: 2006 NYSlipOp 68824(U) |
| Decided on May 11, 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
That branch of the motion by appellant to vacate order of dismissal granted on condition that appeal is perfected by August 4, 2006.
That branch of the motion to compel the court below to file with the Clerk of this court a court's return, and serve copies thereof upon the parties, responding to the affidavit of errors as statutorily required (CPL 460.10 [3] [d] [e]) is granted, and said return shall be served and filed by the court below within 21 days of service upon it by appellant of a copy of the affidavit of errors and of the order hereon.
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]).