The Fourth Department determined the People, at a reconstruction hearing, had failed to prove the defendant was present during a Sandoval hearing. The conviction was therefore reversed and a new trial was ordered. People v Walker, 2014 NY Slip Op 03411, 4th Dept 5-9-14
The Fourth Department would not reverse defendant’s conviction due to the post-trial loss of the recording of a 911 call, the contents of which were important on appeal. Instead, the court ordered a reconstruction hearing to create a record of the contents of the call. People v Thomas, 2014 NY Slip Op 06710, 10-3-14
The First Department noted that the loss of some of the stenographic minutes of a trial did not require reversal. The trial court had conducted a reconstruction hearing:
The loss of a relatively small portion of the stenographic record does not require reversal of defendants’ convictions … . The court conducted a reconstruction hearing at which various participants in the trial presented their recollections, to the extent possible, of the brief portions of the trial for which minutes are not available. When viewed in light of the presumption of regularity (id. at 796), the facts adduced at the reconstruction hearing regarding the missing pages support an inference that the missing minutes would not have revealed any significant appellate issues. People v Negron, 2014 NY Slip Op 03752, 1st Dept 5-22-14
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