PEOPLE v. RODRIGUEZ


306 A.D.2d 145 (2003)

761 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUNDEZ RODRIGUEZ, Also Known as RAYMOND CONCEPCION, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 19, 2003.


A new trial is necessary in this matter because the entire transcript of defendant's three-day trial was irretrievably lost, and the trial court's written account of the trial proceedings, which it had to provide without the assistance of either the prosecutor's or defense counsel's affirmations documenting their recollections of the trial, is concededly insufficient to permit effective appellate review.

The People, having agreed to a reconstruction hearing based...

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