| People v Bowman |
| 2016 NY Slip Op 02482 [137 AD3d 1484] |
| March 31, 2016 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vGene Bowman, Appellant. |
Paul J. Connolly, Delmar, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), forrespondent.
Devine, J. Appeal from a judgment of the County Court of Albany County (Lynch,J.), rendered June 2, 2014, upon a verdict convicting defendant of the crime of rape inthe first degree.
Defendant appeals from a jury verdict convicting him of rape in the first degree. Heraises a variety of arguments on appeal, including that County Court abused its discretionin denying his request for access to the medical and psychiatric records of the victim (see People v McCray, 23NY3d 193, 198 [2014]; People v Gissendanner, 48 NY2d 543, 548 [1979]).Those records were subpoenaed and reviewed in camera by County Court, whichdetermined that they contained no material and relevant information and sealed them.While the sealed records were supposedly provided to this Court, they do not appear toinclude many of the documents referenced and reviewed by County Court, and we canonly say with confidence that we have the documents designated by County Court asexhibit No. 3. Thus, inasmuch as the present record does not permit us to reviewdefendant's contention, and he cannot be faulted for failing to prepare a proper appellaterecord under the circumstances, "we hold the case, reserve decision and remit the matterto [County] Court to conduct a reconstruction hearing with respect to the missingrecords" (People v Fullen,118 AD3d 1297, 1298 [2014]; see People v Russell, 48 AD3d 900, 901 [2008]; cf.People v Cortijo, 254 AD2d 125, 125 [1998], lv denied 92 NY2d 1030[1998]).
McCarthy, J.P., Egan Jr., Rose and Clark, JJ., concur. Ordered that the decision iswithheld, and matter remitted to the County Court of Albany County for furtherproceedings not inconsistent with this Court's decision.