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People v. Flynn

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1976
53 A.D.2d 816 (N.Y. App. Div. 1976)

Opinion

July 1, 1976


Motion for summary reversal denied. Former court reporter Al Stern is directed to immediately transcribe the missing minutes or, alternatively, to return his stenographic notes to the Clerk of the Supreme Court, New York County. William J. Gallagher, Esq. (the Legal Aid Society) is directed to serve a certified copy of the order herein on said former court reporter within 10 days of the date of entry thereof. If a stenographic record cannot be produced, both parties should make efforts to reconstruct a transcript of the missing minutes. (See People v Rivera, 39 N.Y.2d 519.) Should all steps to produce a transcript prove unsuccessful, defendant may, on presentation of the appeal, set forth arguments showing that he was prejudiced by the absence of the minutes. (See People v Fearon, 13 N.Y.2d 59; People v Roundtree, 45 A.D.2d 731; People v Bronson, 35 A.D.2d 1068.)

Concur — Stevens, P.J., Kupferman, Murphy and Capozzoli, JJ.


Summaries of

People v. Flynn

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1976
53 A.D.2d 816 (N.Y. App. Div. 1976)
Case details for

People v. Flynn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK v. PATRICK FLYNN

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1976

Citations

53 A.D.2d 816 (N.Y. App. Div. 1976)

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