New York Court of Appeals
The People of the State of New York, Respondent v. Peter Parris, Appellant; the People of the State of New York…
December 21, 20044 N.Y.3d 41
Summary
The Court of Appeals affirmed the Appellate Division’s orders affirming the convictions of Peter Parris and Donnell Hofler. It held that the mere loss of a reporter’s minutes does not, by itself, warrant reversal of a conviction, and that a reconstruction hearing is only warranted when the defendant has been diligent after trial or, in the case of a guilty plea, can point to an appealable issue arising from the missing record. The decision clarifies the limited circumstances under which a reconstruction hearing may be ordered.