| People of State of New York v Marvin Omar Molina Castellano |
| Motion No: 2019-00399 SCR |
| Slip Opinion No: 2021 NY Slip Op 65274(U) |
| Decided on April 22, 2021 |
| 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
TERRY JANE RUDERMAN, P.J.
ELIZABETH H. EMERSON
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Marvin Omar Molina Castellano, Appellant. |
Motion by respondent pursuant to CPLR 5525 to reconstruct and resettle the minutes on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered April 11, 2018.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew before the District Court; and it is further
ORDERED that the appeal is held in abeyance pending a reconstruction and resettlement of the minutes, if appropriate, by the District Court.
While it appears that there may have been an inaccuracy in the plea and sentencing minutes settled by the District Court, it is the province of the trial judge to "pass on the accuracy of the record" (People v Buccufurri, 154 AD 827, 828 [2d Dept. 1913]). While the judge may be aided by the minutes, she ought not rely upon them alone (id at 829). The procedurally proper course to ensure the accuracy of the transcript is to move to re-settle the minutes to accurately reflect what transpired (see People v Laracuente, 125 AD2d 705 [2d Dept.1986]).
ENTER:
Paul Kenny
Chief Clerk