Opinion
September 26, 1991
Appeal from the Supreme Court, New York County (Richard W. Wallach, J.).
As the District Attorney concedes, this appeal cannot be determined in the absence of a transcript of the Court's charge and proceedings surrounding the jury's deliberations and rendition of the verdict (People v. Emmett, 25 N.Y.2d 354, 356). Defendant has failed to establish at this time that a reconstruction of the proceedings is impossible and thus, summary reversal of the conviction is inappropriate at this stage (People v. Rivera, 39 N.Y.2d 519; People v. Glass, 43 N.Y.2d 283).
Concur — Carro, J.P., Milonas, Rosenberger and Kupferman, JJ.