Appellate Division: Second Judicial Department

M293664

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-08860 The People, etc., respondent, v Pelencho Contrera, appellant. (Ind. No. 71307/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered August 3, 2022. Motion by the appellant to remit the matter to the County Court, Suffolk County, for a reconstruction hearing with respect to Court Exhibit I admitted into evidence during the appellant's sentencing and the presentence report.

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

ORDERED that the branch of the motion which is for a reconstruction hearing with respect to Court Exhibit I is granted, and the matter is referred to the County Court, Suffolk County, for a reconstruction hearing concerning that exhibit; if the exhibit cannot be reconstructed the County Court, Suffolk County shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the reconstruction hearing, once said hearing has been completed, if the minutes can be reconstructed; the appellant is directed to provide copies of said transcripts to all of the other parties to the appeal when counsel serves a brief upon those parties; and it is further,

ORDERED that the appellant is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court