# People v. Rivera

> Appellate Division of the Supreme Court of the State of New York · March 31, 1975 · 47 A.D.2d 864

URL: https://www.frixlaw.com/law-library/cases/5797080

## Case

- **Full name:** The People of the State of New York v. Luis Rivera
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 31, 1975
- **Citations:** 47 A.D.2d 864; 366 N.Y.S.2d 187; 1975 N.Y. App. Div. LEXIS 9219
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5797080

## Opinion text

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 29, 1973 on resentence, convicting him of various narcotics offenses, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. It is undisputed that the transcript of the trial minutes is unavailable. Under the circumstances, a new trial must be ordered (People vAuth, 43 AD2d 790 ; People v Mininni, 21 AD2d 811 ; People v De Mayo, 2 AD2d 985). The facts in People v Bell ( 36 AD2d 406 , affd 29 NY2d 882 ) are distinguishable from the case at bar since there the defendant was convicted upon a guilty plea while here defendant was convicted after trial. Latham, Acting P. J., Cohalan, Christ, Brennan and Shapiro, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5797080. Public record. Not legal advice.
