| People v Henderson |
| 2016 NY Slip Op 04843 [140 AD3d 1761] |
| June 17, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vRobert W. Henderson, Jr., Appellant. |
D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), fordefendant-appellant.
Gregory S. Oakes, District Attorney, Oswego (Amy L. Hallenbeck of counsel), forrespondent.
Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), renderedAugust 12, 2013. The judgment convicted defendant, upon his plea of guilty, ofattempted criminal possession of a weapon in the second degree and criminal possessionof a controlled substance in the fifth degree.
It is hereby ordered that the case is held, the decision is reserved and the matter isremitted to Oswego County Court for a reconstruction hearing.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty,of attempted criminal possession of a weapon in the second degree (Penal Law§§ 110.00, 265.03 [3]) and criminal possession of a controlledsubstance in the fifth degree (§ 220.06 [1]), defendant contends, inter alia,that his plea was involuntarily entered. The transcript of the plea proceeding isincomplete, however, and we are unable to determine the merits of his contentions onappeal. The plea proceeding was not transcribed by a court reporter; instead, it wasdigitally recorded, and numerous statements apparently made by defendant during theproceeding are designated as "inaudible" in the transcript before us. We therefore holdthe case, reserve decision, and remit the matter to Oswego County Court for areconstruction hearing with respect to the portions of the plea proceeding that were nottranscribed because of the inaudibility of the digital recording (see Matter of Naquan L.G.[Carolyn C.], 119 AD3d 567, 567-568 [2014]). Present—Whalen, P.J.,Smith, Lindley, NeMoyer and Scudder, JJ.