Appellate Division: Second Judicial Department

M40897

C/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

2005-05479 The People, etc., respondent, v Roy Dumas, appellant. (Ind. No. 3650/82)

DECISION & ORDER ON MOTION

Motion by the appellant for summary reversal of a judgment of the Supreme Court, Queens County, rendered May 27, 1983.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the matter is referred to the Supreme Court, Queens County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case before the late Justice Cornelius O'Brien, in connection with the missing portions of the jury voir dire, the defense case, summation, jury deliberations, verdict, and sentencing, and the motion is otherwise denied; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., MILLER, SCHMIDT and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court