Appellate Division: Second Judicial Department

M39802

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-08535 The People, etc., respondent, v Joseph Killmayer, appellant. (Ind. No. 21/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the judgment roll on an appeal from a judgment of the County Court, Dutchess County, rendered August 4, 2005, to include the minutes of certain proceedings that occurred before the County Court, Dutchess County, on certain specified dates.

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 to the extent that the order of this court dated November 9, 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 the proceedings which occurred on February 23, 2005, April 7, 2005, April 21, 2005, April 28, 2005, May 5, 2005, May 12, 2005, May 18, 2005, June 1, 2005, and June 7, 2005, under Indictment No. 21/05; and the proceedings which occurred on September 14, 2004, September 23, 2004, September 29, 2004, October 20, 2004, November 3, 2004, November 17, 2004, November 22, 2004, November 23, 2004, December 6, 2004, February 2, 2005, February 17, 2005, and February 23, 2005, under Indictment No. 88/04, if they are available, and the Clerk of the trial court is directed to furnish one copy of those transcripts to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared transcripts of the subject stenographic minutes for a codefendant, then the Clerk of the trial court is directed to reproduce copies 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 order upon the Clerk of the court from which the appeal is taken, and to deliver the transcripts of the subject stenographic minutes of the proceedings to the respondent when the appellant's brief is served.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court