N.Y. Comp. Codes R. & Regs. tit. 22 § 510.10

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.10 - Record transcription and reproduction; settlement

(a) During the course of capital proceedings before the superior court, and at all times thereafter, the clerk of the superior court shall take all necessary steps to insure the accuracy and completeness of the record of the proceedings.

(b) The court reporter shall take, and keep electionically, minutes of all capital proceedings occurring in the superior court. Transcription shall proceed in compliance with any relevant superior court order and the Court of Appeals capital appeal management orders. Where a copy of the minutes of any proceedings in the superior court was ordered during the course of the superior court proceedings, defense counsel and the prosecutor shall preserve their respective copies of the transcript. Transcripts shall be settled pursuant to CPLR 5525(c) within such time limits and pursuant to such additional procedures as may be set by Court of Appeals order.

(c) Upon the filing of a notice of appeal, the superior court clerk shall expeditiously assemble, reproduce, and transmit to appellant the record of the proceedings. Appellant shall be responsible for the timely preparation and filing of the record on appeal in accordance with the initial capital appeal management order issued by the Court of Appeals pursuant to section 510.8(a) of this Part.

(d) The record on appeal shall comply with section 510.11(b) of this Part, and be stipulated to or settled on motion. The parties may stipulate to the correctness of the contents of the record on appeal using the process provided by CPLR 5525(c)(1). Where the parties are unable to agree and stipulate to the contents of the record on appeal, appellant shall move, on notice, to settle the record in the superior court from which the appeal is taken.

(e) Within the time period prescribed in the initial capital appeal management order after the superior court clerk's transmission to appellant of the reproduced record of proceedings, appellant shall file with the clerk of the Court of Appeals either the parties' stipulation to the record on appeal or a copy of appellant's notice of motion to settle the record.

(f) The parties' failure to list in the stipulation to the record on appeal any transcript, exhibit, or other document that constituted a part of the underlying prosecution shall not preclude the Court of Appeals from considering such transcript, exhibit, or other document in determining the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.10