People v Alex Jean

Motion No: M-4446

Slip Opinion No: 2018 NYSlipOp 88224(U)

Decided on November 8, 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.

November 8, 2018

The People of the State of New York,

Respondent,

v

Alex Jean,

Defendant-Appellant.

Defendant-appellant having moved for an order granting a reconstruction hearing with respect to missing minutes from, inter alia, portions of the jury selection and voir dire, held on February 24th, 27th and 28th, 2014 and an enlargement of time to perfect the appeal of 120 days from the date of receipt, by defendant-appellant, of the reconstruction court's findings from the judgement of the Supreme Court, New York County, rendered on or about March 27, 2014, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted, and the action is remanded to Supreme Court, New York County, for the purposes of conducting a reconstruction hearing. Defendant's time to perfect the appeal is enlarged to the April 2019 Term of this Court, with leave to seek further enlargements, arising out of this issue, if necessary. ENTERED: November 8, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny Jr., Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Marcy L. Kahn, Justices

M-4446

Ind. No. 2888/12