Appellate Division: Second Judicial Department

M135050

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2011-10357 The People, etc., respondent, v Gavin Binning, appellant. (Ind. No. 9243/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered October 31, 2011, for a reconstruction hearing concerning the proceedings on September 15, 2011.

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 Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case on September 15, 2011; 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 that transcript 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.

ANGIOLILLO, J.P., DICKERSON, BELEN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court