Appellate Division: Second Judicial Department

M310051

AFA/

CHERYL E. CHAMBERS, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2019-14578 The People, etc., respondent, v Kemar Barnes, appellant. (Ind. No. 1234N/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered November 25, 2019. Motion by the appellant for a reconstruction hearing with respect to the exhibits admitted into evidence by the People at trial in the above-entitled proceeding.

Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the matter is referred to the Supreme Court, Nassau County, for a reconstruction hearing with respect to the exhibits admitted into evidence by the People at trial; if the trial exhibits cannot be reconstructed the Supreme Court 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 the respondent; 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.

CHAMBERS, J.P., VOUTSINAS, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court