Opinion
April 8, 1938.
Present — Lazansky, P.J., Hagarty, Davis, Johnston and Taylor, JJ.
Motion to reverse judgment of conviction and order a new trial granted. In view of the death of the stenographer and the conceded inability to obtain a transcript of the minutes there is no alternative other than to direct a new trial. ( People [ Berry] v. DeWilkowska, 246 App. Div. 285.)