Summary
dismissing purported appeal as to a transcript on the ground that “the court's order is not appealable”
Summary of this case from People v. DoxeyOpinion
November 16, 1994
Appeal from the Monroe County Court, Maloy, J.
Present — Denman, P.J., Green, Fallon, Wesley and Doerr, JJ.
Appeal unanimously dismissed. Memorandum: This is an appeal by defendant from an order summarily denying his motion, pursuant to People v. Mitchell ( 189 A.D.2d 337), to reconstruct the record of his trial to reflect that a Sandoval conference was conducted off the record and outside defendant's presence. Defendant sought reconstruction in order to enable him to raise a Dokes issue (see, People v. Dokes, 79 N.Y.2d 656) on the pending appeal from his conviction of second degree murder. Defendant contends that the court erred in denying the reconstruction motion without a hearing despite the fact that the motion papers had raised a question of fact concerning whether a Sandoval conference had been conducted.
On our own motion, we dismiss the appeal on the ground that the court's order is not appealable pursuant to CPL 450.10 and 450.20. Crim. Proc. To the extent that prior decisions of this Court may be construed to hold otherwise (see, People v. Brown, 199 A.D.2d 963; People v. Browne, 195 A.D.2d 1055, lv denied 82 N.Y.2d 848; People v. Walker, 189 A.D.2d 341, lv dismissed 81 N.Y.2d 1065), they are not to be followed.