PEOPLE v. JOHNSON

Motion for summary reversal denied, with leave to appellant, on presentation of the appeal, to set forth arguments showing that he was prejudiced by the absence of minutes of the prosecutor's opening statement and the summations by both attorneys. (People v Fearon, 13 N.Y.2d 59; People v Roundtree, 45 A.D.2d 731; People v Bronson, 35 A.D.2d 1068.) Efforts should also be made by both parties to reconstruct a transcript of the missing minutes. (See People v Rivera, 39 N.Y.2d 519.)

Concur — Stevens, P.J., Markewich, Kupferman, Capozzoli and Nunez, JJ.