People v. Epakchi, 98 N.E.3d 723, 74 N.Y.S.3d 808, 31 N.Y.3d 1007 (2018)

May 1, 2018 · New York Court for the Correction of Errors · No. 88 SSM 5

98 N.E.3d 723, 74 N.Y.S.3d 808, 31 N.Y.3d 1007

The PEOPLE of the State of New York, Appellant,
v.
Daria N. EPAKCHI, Respondent.

No. 88 SSM 5

Court of Appeals of New York.

Decided May 1, 2018

Suffolk County Traffic Prosecutor's Office, Hauppauge (Justin W. Smiloff of counsel), for appellant.

Law Offices of David A. Day, P.C., Glen Cove (David A. Day of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order reversed, and case remitted to the Appellate Term, Second Department, Ninth and Tenth Judicial Districts, for further proceedings. Because the case originated in a local criminal court and the proceedings were not transcribed by a court stenographer, the appeal was not properly taken due to the failure to serve or file an affidavit of errors (see CPL 460.10[3] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.