Motion granted, judgment vacated and new trial granted.
Memorandum:
Since no appeal was taken by the District Attorney from the order granting defendant's application to be resentenced, we are not empowered to review the propriety of that order, and as a consequence, we are now constrained to grant defendant's motion. The destruction of the trial transcript and stenographic notes forecloses the defendant from having an appellate review of any of the evidence...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
