Opinion
Motion No: 2015-00874 WCR
12-05-2016
The People of the State of New York, Respondent, v. Jesse W. Rodriguez, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of conviction of the City Court of Rye, Westchester County, rendered March 17, 2015.
On the court's own motion, it is
ORDERED that appellant is directed either (1) to show cause before this court why the above-entitled appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before December 28, 2016, or (2) if so advised, to move in this court by that date for a writ of error coram nobis for an extension of time to file an affidavit of errors (see People v Smith, 52 Misc 3d 143[A], 2016 NY Slip Op 51218[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties by regular mail.
In People v Smith (27 NY3d 643 [2016]), the Court of Appeals held that, for the purpose of taking an appeal, a record made from a mechanical recording is not the equivalent of a record made by a court stenographer and that an affidavit of errors is required for such an appeal to be properly taken.
ENTER:
Paul Kenny
Chief Clerk