People v. Salas

Summary

The court held that a missing transcript of jury-deliberation proceedings does not, by itself, establish a mode-of-proceedings error or require vacatur of the conviction; the appropriate remedy may be a reconstruction hearing if the defendant diligently sought reconstruction. The court further held that Supreme Court improperly summarily denied the defendant's ineffective-assistance motion because the existing record raised factual questions about counsel's handling of eyewitness-identification evidence that required an evidentiary hearing. The matter was remitted for that hearing, while the judgment was otherwise affirmed.