Appellate Division: Second Judicial Department

M41451

F/

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-02346 The People, etc., respondent, v Richard Moreno, appellant. (Ind. No. 12047/95)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated February 15, 2006, issued pursuant to chapter 738 of the Laws 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's motion papers; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated February 15, 2006, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of

the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof

or assigned counsel; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

MILLER, J.P., LUCIANO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

97-A-3054

Green Haven Corr. Fac.

Drawer B

Stormville, New York 12582