The People v. Jamar Bethune
New York Court of Appeals
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
- People v. AlomarNew York Court of Appeals · 1999
- People v. MarzugAppellate Division of the Supreme Court of the State of New York · 2001
- People v. BuccufurriAppellate Division of the Supreme Court of the State of New York · 1913
- People v. RussellAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WigginsAppellate Division of the Supreme Court of the State of New York · 1996
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