| People of State of New York v Javell Ross |
| Motion No: 2015-02561 WCR |
| Slip Opinion No: 2019 NY Slip Op 62104(U) |
| Decided on January 25, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
ORDER TO SHOW CAUSE
| The People of the State of New York, Respondent, v Javell Ross, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Village of Port Chester , Westchester County, rendered October 8, 2015.
On the court's own motion, it is
ORDERED that appellant is directed either (1) to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 20, 2019, or (2) if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 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. In this case, the plea proceedings were electronically recorded.
ENTER:
Paul Kenny
Chief Clerk