Appellate Division: Second Judicial Department

M71005

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2001-08850, 2001-08852 The People, etc., respondent, v Christopher Owens, appellant. (Ind. Nos. 01-00283, 01-00354)

DECISION & ORDER ON MOTION

Motion by the appellant for a reconstruction hearing with respect to the minutes of the proceedings conducted in the trial of the above-entitled case on appeals from two judgments of the County Court, Orange County, both rendered September 28, 2001.

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

ORDERED that the motion is granted, and the matter is referred to the County Court, Orange County, for a reconstruction hearing with respect to the proceedings conducted in the trial in the above-entitled case; 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 the parties shall immediately advise this court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; 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.

RIVERA, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court