Appellate Division: Second Judicial Department

M272900

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-11506 The People, etc., respondent, v Sulaiman Aamir, appellant. (Ind. No. 5973/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered January 11, 2016. Motion by the appellant to enlarge the judgment roll to include a certain document annexed to the motion papers as Exhibit B, which purports to be the written charges considered by the trial court in rendering the verdict.

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

ORDERED that the motion is denied; and it is further,

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 the written charges considered by the trial court in rendering the verdict, 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.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court