April 9, 1970
Motion granted, judgment vacated and a new trial granted. Memorandum: The destruction of the court reporter's notes forecloses the defendant from having this court review all the evidence and rulings of the trial court. ( People v. Lomoso, 284 App. Div. 670; People v. Schwach, 16 A.D.2d 879; see Waterman v. State of New York, 13 A.D.2d 619.)
Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THOMAS PAUL HARTLEY…
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Apr 9, 1970
Of course, where a timely appeal is taken, the unavailability of a transcript cannot be excused, and a…
People v. BonaparteMemorandum: The transcript of the trial minutes having been lost or misplaced, the original stenographic…