¶1Motion by defendant-appellant to vacate judgment of the County Court, Bangs County, rendered June 24, 1948, after a jury trial, convicting him of rape in the first degree, and for a new trial. Motion granted. The motion is made on the ground that it is not possible to obtain a transcript of the minutes of the trial, the stenographer being dead. The District Attorney concedes that the transcript is unavailable and cannot be made available. Under the circumstances the court has no alternative other than to reverse said judgment and to order a new trial (People v. De Wilkowska, 246 App. Div. 285; *501People v. Keefe, 254 App. Div. 683; People v. Kaplan, 278 App. Div. 665). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.
13 A.D.2d 500
People v. Foreman
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-03-06
Cited by 1 later decisions — most recently April 1975
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1961-03-06
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