Order affirmed.
As the appellant, it was defendant's duty to prepare and to have settled the record on appeal from the judgment of conviction (Code Crim. Pro., § 458; People v. Flanigan, 174 N.Y. 356, 366; People v. Gordon, 26 N.Y.S.2d 665, 666; see, also, People v. Kalbfleisch Co., 174 App. Div. 108, 113, appeal dismissed 220 N.Y. 760). If that record erroneously omitted a material part of the trial proceedings, defendant could and should...
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