Appellate Division: Second Judicial Department

M50394

E/mv

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2005-00898 The People, etc., respondent, v Donald Alston, appellant. (Ind. No. 3421/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered December 22, 2004, to include portions of the minutes of the appellant's first trial which occurred on September 4, 2003, and September 5, 2003.

Upon the papers filed in support of the motion and the papers filed in 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 December 15, 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 on portions of the appellant's first trial which occurred on September 4, 2003, and September 5, 2003, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, without charge.

SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court