APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant to continue to stay sentence pending determination of appeal is granted.

That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected by March 4, 2005; otherwise appeal dismissed.

That branch of the motion for poor person relief is granted, and Jeffrey Seigel, Esq. of Nassau/Suffolk Law Services Committee, Inc., assigned.

ORDERED that the motion is granted. If necessary appellant's time to file an affidavit of errors is extended 30 days from the date of this order.

ORDERED that the stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, including those minutes of the voir dire of prospective jurors in cases tried before a jury, with the clerk of the trial court, who is directed to furnish, without charge, one copy to the following attorney, who is now assigned as counsel to prosecute the appeal:

ORDERED that assigned counsel shall make the transcript available to the District Attorney simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court;

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.