State v. Sage

Defendant, Bernard Sage, who was convicted of failing to file tax returns and of operating a restaurant without a rooms and meals license, moves for summary reversal of his conviction because the stenographic notes for one day of the three-day trial are missing and thus no transcript of that day can be produced. We deny appellant’s motion, and remand for further action in the district court.

We first note that the record available to us does not support defendant’s claim that the transcript was “duly ordered.” While there is some indication that defendant attempted to order transcripts shortly…