People of State of New York v Renaica Harris
Motion No: 2020-00940 SCR
Slip Opinion No: 2021 NY Slip Op 73740(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.


Appellate Term of the Supreme Court

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

2020-940 S CR
The People of the State of New York, Respondent, v Renaica Harris, Appellant.

Appeal from a judgment of conviction of the District Court of Suffolk County, Traffic and Parking Violations Agency, rendered October 6, 2020. Appellant moves to: 1) continue the stay of the sentence pending a determination of the appeal; and 2) reverse the conviction and dismiss the accusatory instrument unless the People produce an audible copy of the trial.

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

ORDERED that the branch of the motion seeking to continue the stay of the sentence imposed pending a determination of the appeal is granted, and it is further

ORDERED that the branch of the motion seeking to reverse the conviction and dismiss the accusatory instrument unless the People produce an audible copy of the trial is granted only to the extent that the matter is remitted to the Agency to determine if the minutes are unavailable; if the minutes are found to be unavailable and the court is unable to reconstruct them, appellant may renew her motion upon a showing that there may be appealable issues that will be impossible for the Appellate Term to review.

ENTER:

Paul Kenny

Chief Clerk