PEOPLE v. HEREDIA

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.