Opinion
Motion No: 2016-02420 SCR
03-08-2017
The People of the State of New York, Plaintiff, v. Eric S. Turcio, Defendant.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by defendant, pursuant to CPL 460.50 and Vehicle and Traffic Law § 1808, to stay the execution of a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered June 16, 2016, including the suspension of defendant's motor vehicle operator's license.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is,
ORDERED that the motion is held in abeyance pending the timely filing of an affidavit of errors; and it is further,
ORDERED that defendant shall file a copy of the affidavit of errors in this court simultaneously with his filing the affidavit in the District Court.
In People v Smith (27 NY3d 643 [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. Pursuant to CPL 460.10 (3), an affidavit of errors must be filed within 30 days of the date of the decision, order and certificate granting leave to appeal on application.
ENTER:
Paul Kenny
Chief Clerk