Opinion
December 8, 1970
Judgment, Supreme Court, New York County, rendered on April 19, 1968, after trial convicting defendant of manslaughter in the first degree and assault in the second degree unanimously affirmed. The most serious question arises from the absence of the minutes of the voir dire examination of the jurors. Due to a misunderstanding the great bulk of the examination was not stenographically recorded and the balance has been lost. However, this court by order dated July 9, 1969, directed a reference as to all phases of this situation. Pursuant thereto hearings were held, and we find that the Referee's report provides a sufficient factual account for purposes of review. We further find that there was no error in the limitations imposed on examination. Furthermore, a review of the record of the trial while far from conclusive tends to indicate that while there may have been objection to the exclusion of certain questions on the voir dire, there was no objection to the jury as finally selected. Other claimed errors have been examined and found not to be grounds for disturbing the verdict.
Concur — Markewich, J.P., Nunez, Steuer and Bastow, JJ.