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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1975
47 A.D.2d 864 (N.Y. App. Div. 1975)

Opinion

March 31, 1975


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 29, 1973 on resentence, convicting him of various narcotics offenses, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. It is undisputed that the transcript of the trial minutes is unavailable. Under the circumstances, a new trial must be ordered (People v Auth, 43 A.D.2d 790; People v Mininni, 21 A.D.2d 811; People v De Mayo, 2 A.D.2d 985). The facts in People v Bell ( 36 A.D.2d 406, affd 29 N.Y.2d 882) are distinguishable from the case at bar since there the defendant was convicted upon a guilty plea while here defendant was convicted after trial. Latham, Acting P.J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1975
47 A.D.2d 864 (N.Y. App. Div. 1975)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS RIVERA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 31, 1975

Citations

47 A.D.2d 864 (N.Y. App. Div. 1975)