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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS GARCIA, Appellant.

A presumption of regularity attends all judgments of conviction (People v Bell, 36 A.D.2d 406, 408, affd 29 N.Y.2d 882), which it was defendant's burden to rebut by establishing the existence of genuine appealable and reviewable issues (People v Glass, 43 N.Y.2d 283, 287; People v Council, 162 A.D.2d 365, lv denied 76 N.Y.2d 984). The reconstructed record shows that defendant offered no affirmative proof to rebut this presumption but only conjecture and supposition, and otherwise contains overwhelming indications of defendant's guilt. Accordingly, defendant is not entitled to a reversal of his conviction.

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.

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PEOPLE v. GARCIA
(Apr 7, 1994)