Appellate Division: Second Judicial Department

M262914

E/mm

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2014-07721 The People, etc., respondent, v Carl Pinnock, appellant. (Ind. No. 8332/12)

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 July 22, 2014, on an appeal from a judgment of the Supreme Court, Kings County, rendered July 22, 2014.

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 July 22, 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., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court