APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by July 7, 2006; otherwise motion denied.

That branch of the motion by defendant-appellant for poor person relief is granted.

Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.

The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to appellant, and

Appellant shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed 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, and

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