Opinion
Motion No: 2013-02687 ORCR
08-31-2016
The People of the State of New York, Respondent, v. Albert P. Hirdt, Appellant.
BRUCE E. TOLBERT
JAMES V. BRANDS, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of conviction of the Justice Court of the Town of Newburgh, Orange County, rendered November 19, 2013.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the appeal was not properly taken in that the trial proceedings were recorded electronically and no affidavit of errors was filed, and no writ of error coram nobis seeking an extension of time to file an affidavit of errors (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]) has been made, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before September 23, 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 (___ NY3d ___, 2016 NY Slip Op 04973 [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