Upon consideration of defendant's brief and his motion to vacate the judgment and for a new trial, we have concluded that, in the absence of the stenographer's minutes of the trial, it is impossible to determine the issues presented on the appeal. The District Attorney consents to a new trial. Under the circumstances, the motion is granted, the judgment is vacated and a new trial is ordered (cf. People v. De Mayo,
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PEOPLE v. MILLER
4 A.D.2d 758 (1957)
The People of the State of New York, Respondent, v. Joseph Miller, Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
July 1, 1957
July 1, 1957
Appellate Division of the Supreme Court of the State of New York, Second Department.
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