Opinion
2021-73739 Motion 2020-00634 WCR
10-19-2021
The People of the State of New York, Respondent, v. Martha Yepes, Appellant.
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate the conviction and sentence, on an appeal from a judgment of conviction of the Justice Court of the Village of Port Chester, Westchester County, rendered February 28, 2020.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice; and it is further
ORDERED that the matter is remitted to the Town Court of Rye to ascertain whether the minutes are unavailable, and, if they are unavailable, whether the judge is able to reconstruct the minutes.
If the minutes are found to be unavailable and the judge unable to reconstruct them, appellant may renew her motion to vacate the conviction upon a showing that there may be appealable issues that will be impossible for the Appellate Term to review.