Appellate Division: Second Judicial Department

M109470

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2008-01714 The People, etc., respondent, v James Kings, appellant. (Ind. No. 5866/06)

DECISION & ORDER ON MOTION

Motion by the appellant for summary reversal on an appeal from a judgment of the Supreme Court, Kings County, rendered February 4, 2008, or, in the alternative, for a reconstruction hearing concerning the proceedings on October 1, 2007.

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

ORDERED that the branch of the motion which is for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and 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 October 1, 2007; 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., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court