| People of State of New York v Martha Yepes |
| Motion No: 2020-00634 WCR |
| Slip Opinion No: 2021 NY Slip Op 73739(U) |
| Decided on October 19, 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
ELIZABETH H. EMERSON, J.P.
TIMOTHY S. DRISCOLL
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Martha Yepes, Appellant. |
Motion by appellant to vacate the conviction and sentence, on an appeal from a judgment of conviction of the Justice Court of the Village of Port Chester, Westchester County, rendered February 28, 2020.
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 without prejudice; and it is further
ORDERED that the matter is remitted to the Town Court of Rye to ascertain whether the minutes are unavailable, and, if they are unavailable, whether the judge is able to reconstruct the minutes.
If the minutes are found to be unavailable and the judge unable to reconstruct them, appellant may renew her motion to vacate the conviction upon a showing that there may be appealable issues that will be impossible for the Appellate Term to review.
ENTER:
Paul Kenny
Chief Clerk