The minutes of the trial on June 10, 1987, have been lost. On that day the Court heard the testimony of the People's rebuttal witness, Dr. Azariah Eshkenazi, a defense motion to dismiss the fourth count of the indictment charging reckless murder, which was denied, and summations.
On February 11, 1992, we denied a motion for an order granting a reconstruction hearing, but granted leave to renew "upon a proper showing that appealable grounds exist concerning the lost minutes," citing People v. Bell ( 36 A.D.2d 406, 408, affd 29 N.Y.2d 882).
Here, unlike in Bell, where the defendant pleaded guilty, appellant was convicted after a trial. The insanity defense asserted by appellant should be reviewed with the benefit of a reconstructed record (see, People v. Rison, 151 A.D.2d 879).
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Kassal, JJ.