Legal Opinion · Concurrence

The People v. Jamar Bethune

New York Court of Appeals

Decided June 8, 2017No. 61Published

1ConcurrenceFahey, J.

I join the majority opinion in full, but write separately to express my view concerning the “better practices [that] could have been observed” in this case (majority op at 541).

Appeals in which the accuracy of a transcript is challenged and the parties “cannot agree on . . . amendments to the transcript” (CPLR 5525 [c] [1]) pose unusual difficulties. Atrial judge confronted with allegations of error in a record certified to the appellate court has the “duty ... to pass upon the accuracy of the record” (People v Buccufurri, 154 App Div 827, 828 [2d Dept 1913]; see generally People v Alomar, 93…

2Cases cited6 opinions

  1. People v. AlomarNew York Court of Appeals · 1999
  2. People v. MarzugAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. BuccufurriAppellate Division of the Supreme Court of the State of New York · 1913
  4. People v. RussellAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. WigginsAppellate Division of the Supreme Court of the State of New York · 1996

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API