| People of State of New York v Martha Yepes |
| Motion No: 2020-00634 WCR |
| Slip Opinion No: 2022 NY Slip Op 70179(U) |
| Decided on August 11, 2022 |
| 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
JERRY GARGUILO, P. J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Martha Yepes, Appellant. |
Motion by appellant for leave to renew her prior motion for, in effect, summary reversal of a judgment of conviction of the Justice Court of the Village of Port Chester, Westchester County, rendered February 28, 2020, on the ground that the minutes of several court appearances were unavailable. By decision and order on motion of this court dated October 19, 2021, this court denied appellant's motion without prejudice and remitted the matter to the Justice Court of the Town of Rye to ascertain whether the minutes are unavailable, and, if they are unavailable, whether it was possible to reconstruct the minutes. If the minutes were found to be unavailable and the Justice Court unable to reconstruct them, this court stated that "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." The Justice Court reported that the minutes are unavailable and that it cannot reconstruct the proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the Justice Court's report, it is
ORDERED that the branch of the motion seeking leave to renew is granted and, upon renewal, appellant's motion for, in effect, summary reversal is denied.
Defendant failed to establish that there may be appealable issues that will be impossible for the Appellate Term to review in the absence of the minutes of the proceeding.
ENTER:
Paul Kenny
Chief Clerk