People v. Flynn

Appellate Division of the Supreme Court of New York

People v. Flynn

53 A.D.2d 816, 1976 N.Y. App. Div. LEXIS 13636

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 1, 1976

StatusPublished

Cited by2 cases

This text of 53 A.D.2d 816 (People v. Flynn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Flynn, 53 A.D.2d 816, 1976 N.Y. App. Div. LEXIS 13636 (N.Y. Ct. App. 1976).

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Opinion

Motion for summary reversal denied. Former court reporter A1 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 NY2d 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 NY2d 59; People v Roundtree, 45 AD2d 731; People v Bronson, 35 AD2d 1068.) Concur—Stevens, P. J., Kupferman, Murphy and Capozzoli, JJ.

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Motion for summary reversal denied. Former court reporter A1 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 NY2d 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 NY2d 59; People v Roundtree, 45 AD2d 731; People v Bronson, 35 AD2d 1068.) Concur—Stevens, P. J., Kupferman, Murphy and Capozzoli, JJ.

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Bluebook (online)

53 A.D.2d 816, 1976 N.Y. App. Div. LEXIS 13636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flynn-nyappdiv-1976.

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