Appellate Division: Second Judicial Department

M276586

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2014-09156 The People, etc., respondent, v Carlos Hairston, appellant. (Ind. No. 3673/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered September 18, 2014. By decision and order on motion of this Court dated October 30, 2019, this Court, inter alia, referred the matter 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. Motion by the appellant for summary reversal on the ground that the minutes of the proceedings which occurred on July 17, 2014, and July 18, 2014, cannot be reconstructed or, in the alternative, to refer the matter to the Supreme Court, Kings County, for further proceedings in connection with the reconstruction of the minutes of the proceedings which occurred on July 17, 2014, and July 18, 2014.

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

ORDERED that the branch of the motion which is to refer the matter to the Supreme Court, Kings County, is granted and the matter is referred to the Supreme Court, Kings County, to complete the reconstruction with respect to minutes of the proceedings which occurred on July 17, 2014, and July 18, 2014, in the above-entitled case, and, if appropriate, make any findings as to what transpired at those proceedings (see People v Rivera, 39 NY2d 519, 523; People v Childs, 247 AD2d 319, 323; People v Carney, 73 AD2d 9, 11-13); and it is further,

ORDERED that the branch of the motion which is for summary reversal is denied without prejudice to renew after the reconstruction is completed.

CHAMBERS, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court