Appellate Division: Second Judicial Department

M145893

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-01248 The People, etc., respondent, v Sharod Certain, appellant. (Ind. No. 1450-09)

DECISION & ORDER ON MOTION

Motion by the appellant for summary reversal of a judgment of the County Court, Suffolk County, rendered December 4, 2009.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the matter is referred to the County Court, Suffolk County, for a reconstruction hearing with respect to minutes of the sentencing proceedings conducted 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

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court