| People v Lawrence, Fitz W. |
| Motion No: 2005-05639 |
| Slip Opinion No: 2006 NYSlipOp 62745(U) |
| Decided on February 6, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35382
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-05639
The People, etc., respondent, v Fitz W. Lawrence, appellant. (Ind. No. 334/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Nassau County, rendered February 2, 2005, to include the minutes of pretrial hearings, in the above-entitled case which occurred before the County Court, Nassau County, on May 20, 2004, and June 7, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated August 23, 2005, which granted poor person relief to the appellant, is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of any pretrial hearings which occurred before the County Court, Nassau County, on May 20, 2004, and June 7, 2004, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the pretrial hearing for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the pretrial hearing to the respondent when the appellant's brief is served.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court