People v. Hurtado
Opinion of the Court
—Judgment, Supreme Court, New York County (Murray Mogel, J., at jury
The reconstruction hearing, wherein the testimony of the trial prosecutor was confirmed by the existing portions of the record, including summations, sufficiently provided defendant with an adequate record upon which he could base his appeal in this simple case (see, People v Glass, 43 NY2d 283; People v Carney, 73 AD2d 9). The reconstructed record demonstrates that the People established beyond a reasonable doubt that defendant, who was sitting in the front seat of a stolen car, exercised sufficient control thereof. We have considered defendant’s other claims and find them to be without merit. Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.