Appellate Division: Second Judicial Department

M259649

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2015-02395 The People, etc., respondent, v Vincent Adeyeye, appellant. (Ind. No. 7905/12)

DECISION & ORDER ON MOTION

Motion by the appellant for a reconstruction hearing with respect to the proceedings which occurred in the above-entitled case on November 14, 2014, November 18, 2014, and December 23, 2014, on an appeal from a judgment of the Supreme Court, Kings County, rendered March 10, 2015.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings which occurred in the above-entitled case on November 14, 2014, November 18, 2014, and December 23, 2014; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over that transcript to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the parties shall immediately advise this Court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court