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PEOPLE v. PARRIS

4 N.Y.3d 41 (2004)

823 N.E.2d 827

790 N.Y.S.2d 421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER PARRIS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL HOFLER, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Kostelanetz & Fink, LLP, New York City (Christopher M. Ferguson of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Sara Gurwitch of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eleanor J. Ostrow and Hilary Hassler of counsel), for respondent.

Office of the Appellate Defender, New York City (Sara Gurwitch, Richard M. Greenberg and Salina M. Kanai of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eleanor J. Ostrow and Hilary Hassler of counsel), for respondent.

OPINION OF THE COURT

R.S. SMITH, J.

In both of these cases, the reporter's minutes of some proceedings were lost, and so never transcribed. Each defendant asks us to reverse his conviction on that ground. Each also asks that, if we do not grant reversal, we order a reconstruction hearing at which the events of the untranscribed proceedings would be recreated, as far as possible, from the memories of the participants and any surviving records.

We...

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