| People of State of New York v Wilson Milord |
| Motion No: 2015-00344 SCR |
| Slip Opinion No: 2016 NY Slip Op 91233(U) |
| Decided on October 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, Appellant, v Wilson Milord, Respondent. |
Appeal from an order of the District Court of Suffolk County, Second District, entered August 15, 2014.
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 on the ground that the appeal was not properly taken in that the proceedings were recorded electronically and no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 16, 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 by regular mail.
In People v Smith (27 NY3d 643 [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.
ENTER:
Paul Kenny
Chief Clerk