People v Alfonso Rios .

Motion No: M-4756

Slip Opinion No: 2018 NYSlipOp 63289(U)

Decided on February 6, 2018

Appellate Division, First 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.

February 6, 2018

The People of the State of New York,

Respondent,

CONFIDENTIAL

v

Alfonso Rios,

Defendant-Appellant.

An appeal having been taken to this Court from the judgment of the Supreme Court, Bronx County, rendered on or about October 15, 2013,And defendant-appellant having moved, through assigned counsel for summary reversal of the aforesaid judgment or, in the alternative, remanding this case to Supreme Court, Bronx County, for a reconstruction hearing regarding jury selection, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, Ordered that the motion is granted to the extent of remanding the matter to Supreme Court, Bronx County, for a reconstruction hearing of the aforesaid proceedings. Defendant's counsel is directed to serve a copy of this order upon the Clerk of said Court and its Chief Court Reporter within 10 days from the date of entry hereof, and the Clerk is directed to have

the minutes of the proceedings transcribed and delivered to

appellant's counsel for inclusion in the record within 30 days

of the conclusion of said reconstruction hearing. The motion is otherwise denied. ENTERED: February 6, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-4756

Ind. No. 1955/12