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PEOPLE v. BRIGHTLEY

56 A.D.3d 314 (2008)

867 N.Y.S.2d 90

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HELMER BRIGHTLEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 2008.

Defendant is not entitled to reversal based on his alleged absence from an unrecorded Ventimiglia hearing, since he has not established that he was absent. There is nothing in the record indicating whether defendant was present at or absent from the hearing, and no indication that defendant ever asked for the hearing to be recorded (see People v Kinchen, 60 N.Y.2d 772 [1983]). Nor is a reconstruction hearing warranted, since...

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