Appellate Division: Second Judicial Department

M41785

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07542 The People, etc., respondent, v Paul Brower, appellant. (Ind. No. 1670/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered August 4, 2004, to enlarge the judgment roll to include the transcripts of the minutes of proceedings which occurred before the County Court, Nassau County, on October 9, 2003, February 2, 2004, and March 17, 2004, in connection with his motions to relieve assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED the branch of the motion which is to enlarge the judgment roll to include the transcripts of the minutes of the proceedings which occurred before the County Court, Nassau County, on February 2, 2004, and March 17, 2004, is granted; and it is further,

ORDERED that the order of this court dated July 21, 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 before the County Court, Nassau County, on February 2, 2004, and March 17, 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 subject proceedings 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 the branch of the motion which is to enlarge the judgment roll to include the transcripts of the proceedings which occurred before the County Court, Nassau County, on October 9, 2003, is denied as academic as the minutes of those proceedings have already been transcribed; 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 transcript of the stenographic minutes of the proceedings during jury selection to the respondent when the appellant's brief is served.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court