Appellate Division: Second Judicial Department

M52680

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-07538 The People, etc., respondent, v James DeLuca, appellant. (Ind. No. 06-00046)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Rockland County, rendered July 19, 2006, to enlarge the judgment roll to include a transcript of the proceedings which occurred before the County Court, Rockland County, on May 3, 2006.

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 October 11, 2006, 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 May 3, 2006, 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 it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court