Appellate Division: Second Judicial Department

M55240

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-05246 The People, etc., respondent, v Timothy Mitchell, appellant. (Index No. 05-05246)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered May 18, 2005, to compel the defendant to provide transcripts of all the proceedings at which the defendant's sentencing was adjourned. Application by the defendant to enlarge the judgment roll to include the transcripts of those proceedings.

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 application is granted; and it is further,

ORDERED that the decision and order on motion of this court dated September 22, 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 on October 7, 2002, and December 4, 2002, January 29, 2003, April 21, 2003, June 17, 2003, July 29, 2003, November 17, 2003, January 12, 2004, February 5, 2004, March 9, 2004, April 28, 2004, May 18, 2004, June 10, 2004, October 6, 2004, December 16, 2004, February 10, 2005, February 25, 2004, March 30, 2005, 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 above-mentioned proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof; and it is further,

Upon receipt of the above-referenced transcripts the appellant's attorney shall notify this court whether she wishes to file a replacement brief or a supplemental brief, or will rely on the brief previously filed; and it is further,

ORDERED that the respondent shall serve and file its brief within 60 days after appellant's counsel files a replacement brief, a supplemental brief, or notifies this court that she will rely on the brief previously filed; 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 to the respondent when appellant's counsel files a replacement brief, a supplemental brief, or notifies this court that she will rely on the brief previously filed.

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court