Opinion
Motion No: 2016-01786 SCR
05-09-2017
The People of the State of New York, Respondent, v. Michael S. Dethlefsen, Appellant.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate the dismissal on an appeal from an order of the District Court of Suffolk County, Traffic And Parking Violations Agency, entered June 13, 2016.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate dismissal is denied without prejudice to renew by moving for an extension of time to file an affidavit of errors pursuant to CPL 460.30.
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.
ENTER:
Paul Kenny
Chief Clerk