| People of State of New York v Joseph Ortreger |
| Motion No: 2014-01667 DCR |
| Slip Opinion No: 2016 NY Slip Op 85223(U) |
| Decided on August 31, 2016 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Joseph Ortreger, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Town of Poughkeepsie, Dutchess County, rendered June 18, 2014. The notice of appeal was filed on July 23, 2014, and no affidavit of errors was filed.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed as untimely and as improperly taken (see CPL 460.10 [3]), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 27, 2016; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
The notice of appeal was not filed within 30 days after the judgment of conviction was rendered (see CPL 460.10 [3]). In addition, in People v Smith (___ NY3d ___, 2016 NY Slip Op 04973 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken (see People v Smith, __ Misc 3d ___[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).
ENTER:
Paul Kenny
Chief Clerk