| People of State of New York v Eric S. Turcio |
| Motion No: 2016-02420 SCR |
| Slip Opinion No: 2017 NY Slip Op 67333(U) |
| Decided on March 8, 2017 |
| 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.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Eric S. Turcio, Defendant. |
Motion by defendant, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, to stay the execution of a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered June 16, 2016, including the suspension of defendant's motor vehicle operator's license.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is,
ORDERED that the motion is held in abeyance pending the timely filing of an affidavit of errors; and it is further,
ORDERED that defendant shall file a copy of the affidavit of errors in this court simultaneously with his filing the affidavit in the District Court.
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. Pursuant to CPL 460.10 (3), an affidavit of errors must be filed within 30 days of the date of the decision, order and certificate granting leave to appeal on application.
ENTER:
Paul Kenny
Chief Clerk