Opinion
3912.
Decided June 15, 2004.
Appeal from judgment, Supreme Court, New York County (James A. Yates, J.), rendered February 24, 2000, convicting defendant, after a jury trial, of rape in the first and third degrees, sexual abuse in the first degree, and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 25 years to life, held in abeyance, and the matter remanded for a hearing to resettle the transcript in accordance with this memorandum.
Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Alice Wiseman of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ.
There is a serious question as to whether the court reporter correctly recorded the name of a prospective juror who was addressed by the court in a particular colloquy. Since the record is unclear, and since the identity of this panelist is material to an issue raised by defendant on appeal, the transcript requires resettlement ( see e.g. People v. Roldan, 96 A.D.2d 476; People v. Snipe, 75 A.D.2d 750).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.