The People v. Jamar Bethune

OPINION OF THE COURT

Wilson, J.

Defendant Jamar Bethune challenges Supreme Court’s granting of the People’s motion to resettle his trial transcript without holding the reconstruction hearing that Mr. Bethune requested. Although better practices could have been observed, Supreme Court did not, on the facts of this case, abuse its discretion by correcting the record without the benefit of a reconstruction hearing. Accordingly, the Appellate Division order upholding the judgment of Supreme Court should be affirmed.

I

The trial judge is the “final arbiter of the record” certified to the appellate…