| THE PEOPLE V JOSEPH HEATH |
| Motion No: KA 12-01930 |
| Slip Opinion No: 2013 NY Slip Op 84333(U) |
| Decided on September 4, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-01930
Indictment No: 2002-3827
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JOSEPH HEATH, DEFENDANT-APPELLANT. |
Appellant having moved for summary reversal and a new hearing on the grounds that the hearing transcript is unavailable and there are no alternative means to reconstruct the record on appeal from the order of the Monroe County Court entered September 4, 2012,
Now, upon reading and filing the affirmation of James Eckert, Esq. dated July 30, 2013, the notice of motion and proof of service thereof, the affirmation of Nancy Gilligan, Esq. dated August 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the order of Monroe County Court entered September 4, 2012 is hereby vacated and a new hearing granted.
Entered: September 4, 2013
Frances E. Cafarell, Clerk