People v. Glass

OPINION OF THE COURT

Fuchsberg, J.

The defendant was convicted of burglary and grand larceny after a jury trial. Subsequent to the filing of a notice of appeal, it was discovered that the stenographer who recorded the proceedings could not find the untranscribed stenographic notes covering the summations and the Judge’s charge to the jury. They have never been found. Defendant’s primary contention on this appeal is that he was thus effectively deprived of his "fundamental right” to appellate review (People v Montgomery, 24 NY2d 130, 132) and therefore is entitled to summary reversal and a new…