By: Garguilo, J.P., Emerson, Driscoll, JJ.
2020-940 S CR. PEOPLE v. HARRIS, RENAICA — Three separate motions by appellant on judgments of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (SCTPVA), rendered October 6, 2020. First, appellant moves for summary reversal, on the ground that the SCTPVA had not scheduled a reconstruction hearing, and to dismiss the accusatory instruments or, in the alternative, for an enlargement of time to file an affidavit of errors and perfect the appeal. Second, appellant moves, pursuant to CPL 460.50 and Vehicle and Traffic Law §1808, to continue a stay of the execution of a judgment of conviction, which was granted by the Supreme Court, Suffolk County on March 23, 2021 and continued by this court on October 19, 2021. Third, appellant moves again for summary reversal “based upon the failure of the tribunal below to take the necessary procedures to allow Appellant to pursue her appeal in a timely manner.” A reconstruction hearing was held on February 8, 2022, but no report has been filed with this court. Upon the papers filed in support of the motions and the papers having been filed in opposition thereto, it is ORDERED that the motions are consolidated for the purposes of disposition; and it is further, ORDERED that the third motion, seeking summary reversal “based upon the failure of the tribunal below to take the necessary procedures to allow Appellant to pursue her appeal in a timely manner,” is granted only to the extent that the SCTPVA is directed to file a report on the February 8, 2022 reconstruction hearing, with proof of service of the report upon both parties, within 60 days of this decision and order; and it is further, ORDERED that the branch of the second motion seeking to continue the stay of the sentence pending a determination of the appeal is denied as academic, as the stay of the sentence imposed by the Supreme Court was, by decision and order on motion of this court dated October 19, 2021, extended until this appeal is determined; and it is further, ORDERED that the branch of the second motion seeking to continue the stay of the suspension of appellant’s motor vehicle operator’s license is granted; and it is further, ORDERED that appellant shall serve a certified copy of this decision and order by mail upon the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law Section 1808 (a) within 10 days of the date of this decision and order on motion; and it is further, ORDERED that the stay of the suspension of appellant’s motor vehicle operator’s license shall terminate and be of no further effect 90 days from the date of this decision and order on motion unless this court shall have extended this order; and it is further, ORDERED that the branch of the first motion seeking summary reversal and dismissal of the accusatory instruments on the ground that the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency had not scheduled a reconstruction hearing is denied, as a reconstruction hearing was held on February 8, 2022; and it is further, ORDERED that the branch of the first motion seeking an extension of time to file an affidavit of errors is denied as academic, as appellant is not required to file the affidavit of errors until “sixty days after the appellant receives a transcript of the electronically recorded proceedings” (CPL 460.10 [3] [a]), which has not yet occurred and, in this case, may be satisfied by receipt of the report by the SCTPVA on the reconstruction hearing if the SCTPVA reports that reconstruction was successful; and it is further, ORDERED that the branch of the first motion seeking an extension of time to perfect the appeal is denied as academic, as defendant is not required to perfect the appeal until six months of the taking of the appeal, which is not complete until the affidavit of errors is served and filed (see CPL 460.10 [3] [c]).
