People v. Gallella , 17 A.D.2d 931 ( 1962 )

Motion to dismiss appeal denied without prejudice. In the absence of the exhibits this court is not in a position to pass upon the appeal from the judgment of conviction. An application .must be made to the trial court to settle an adequate record. In the event a satisfactory record cannot be settled either party may apply to this court for the relief required by that circumstance. Concur — Botein, P. J., McNally, Stevens, Eager and Steuer, JJ.