Appellate Division: Second Judicial Department

M209108

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2011-10015 The People, etc., respondent, v Rodney Ragbirsingh, appellant. (Ind. No. 6416/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 20, 2011, for a reconstruction hearing with respect to the proceedings which occurred on July 18, 2011, and July 20, 2011, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 which occurred in the above-entitled case on July 18, 2011, and July 20, 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.

ENG, P.J., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court