Appellate Division: Second Judicial Department

M54076

F/

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2006-10690 The People, etc., respondent, v Roberto DelaCruz, appellant. (Ind. No. 1452-97)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated November 16, 2006, issued pursuant to CPL 440.30, as a poor person.

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 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 briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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 November 16, 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 retained counsel, without charge (see CPL 460.70); retained 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 the appellant's time to perfect the appeal is enlarged; retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained 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 retained 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., FLORIO, SKELOS, and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's address:

Labe M. Richman, Esq.

305 Broadway - Suite 100

New York, New York 10007