| People v Wisdom, Sydney |
| Motion No: 1997-10089 |
| Slip Opinion No: 2010 NY Slip Op 62505(U) |
| Decided on February 2, 2010 |
| Appellate Division, 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 Division: Second Judicial Department
M98035
J/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
1997-10089 The People, etc., respondent, v Sydney Wisdom, appellant. (Ind. No. 2374/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 1997, for a reconstruction hearing and to hold the appeal in abeyance pending the reconstruction hearing.
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 it is further,
ORDERED that the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case on September 29, 1997, September 30, 1997, and October 30, 1997, the testimony of Dr. Lisa Dresni and Detective John McAndrews, and the missing minutes concerning the testimony of Barbara Dalby, Amy Donaldson, Nagib Guirguis, and Detective Kevin McCann; 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., LEVENTHAL, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
07 A 2619
Green Haven Corr. Fac.
P.O. Box 4000
Stromville, New York 12582