Williams v. Norman

Decision Date27 March 1974
Parties, 311 N.E.2d 503 Anthony WILLIAMS et al., Appellants, v. Helen T. NORMAN, Respondent.
CourtNew York Court of Appeals Court of Appeals

Thomas R. Newman and Benjamin H. Siff, New York City, for appellants.

Henry J. Smith and Gerald Nolan, White Plains, for respondent.

MEMORANDUM.

The trial court's failure to order the recording of the summations when this was specifically requested by a litigant's attorney was error (Robinson v. Ferens, 33 A.D.2d 688, 306 N.Y.S.2d 530; cf. Devine v. Keller, 32 A.D.2d 34, 299 N.Y.S.2d 249; see, also, Judiciary Law, § 295). However, it appears that portions of the summation objected to and statements and rulings thereon were recorded. Since the pertinent colloquies during summation were adequately reconstructed for purposes of appellate review, and since there appears to be no material issue which this court is unable to review because of an inadequate record, we hold that the error in this case was harmless.

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, SAMUEL RABIN and STEVENS, JJ., concur.

Order, 42 A.D.2d 747, 346 N.Y.S.2d 176, affirmed, without costs, in memorandum.

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2 cases
  • People v. Harrison
    • United States
    • New York Court of Appeals Court of Appeals
    • June 13, 1995
    ...the absence of a stenographic record does not, per se, require reversal of defendant's conviction (see, Williams v. Norman, 34 N.Y.2d 626, 355 N.Y.S.2d 368, 311 N.E.2d 503). Verbatim recordation of the proceedings is the "better practice", unless waived, but we have recognized that reversal......
  • People v. Barkman
    • United States
    • New York Court of Appeals Court of Appeals
    • March 27, 1974
16 books & journal articles
  • Summation
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2019 Contents
    • August 2, 2019
    ...trial court’s failure to order recording of summations when speciically requested by a litigant’s attorney is error. Williams v. Norman , 34 N.Y.2d 626, 355 N.Y.S.2d 368 (1974). Even if the entire summation is not recorded, it is reversible error not to record objections, related statements......
  • Opening statement
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2020 Contents
    • August 2, 2020
    ...the court stenographer record openings in their entirety. See Williams v. Norman , 42 A.D.2d 747, 346 N.Y.S.2d 176 (2d Dept. 1973), af ’d 34 N.Y.2d 626, 355 N.Y.S.2d 368 (1974); Bergen Street Properties Corp. v. New York Property Ins. Underwriting Assn ., 82 A.D.2d 817, 439 N.Y.S.2d 439 (2d......
  • Summation
    • United States
    • James Publishing Practical Law Books Archive New York Objections - 2021 Contents
    • August 2, 2021
    ...trial court’s failure to order recording of summations when speciically requested by a litigant’s attorney is error. Williams v. Norman , 34 N.Y.2d 626, 355 N.Y.S.2d 368 (1974). Even if the entire summation is not recorded, it is reversible error not to record objections, related statements......
  • Summation
    • United States
    • James Publishing Practical Law Books New York Objections
    • May 3, 2022
    ...court’s failure to order recording of summations when specifically requested by a litigant’s attorney is error. Williams v. Norman , 34 N.Y.2d 626, 355 N.Y.S.2d 368 (1974). Even if the entire summation is not recorded, it is reversible error not to record objections, related statements, and......
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