Appellate Division: Second Judicial Department

M267135

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-09156 The People, etc., respondent, v Carlos Hairston, appellant. (Ind. No. 3673/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 18, 2014, for summary reversal on the ground that the minutes of the proceedings which occurred on July 17, 2014, and July 18, 2014, cannot be transcribed.

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

ORDERED that on the Court's own motion, the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to minutes of the proceedings which occurred on July 17, 2014, and July 18, 2014, in the above-entitled case; 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 those transcripts 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; and it is further,

ORDERED that the motion is denied without prejudice to renew upon completion of the reconstruction hearing.

AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court