Appellate Division: Second Judicial Department

M192331

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2007-07960 The People, etc., respondent, v Wayne Corbin, appellant. (Ind. No. 02-00208)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this Court dated November 27, 2009, as granted his application to withdraw his motion pursuant to 22 NYCRR 670.12[c], appealing a sentence of the County Court, Westchester County, imposed July 18, 2007, and to resubmit that motion on the existing record, or, in the alternative, for a reconstruction hearing concerning the minutes of the proceedings which occurred before the County Court, Westchester County, on May 9, 2007. Cross motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED the branch of the motion which is for a reconstruction hearing of the proceedings which occurred before the County Court, Westchester County, on May 9, 2007, is granted and the matter is referred to the County Court, Westchester County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case on May 9, 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 motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied with leave to renew after the reconstruction hearing if the appellant does not raise any issues relating to the proceedings which occurred on May 9, 2007; 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, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court