APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

DECISION

That branch of the motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected expeditiously.

That branch of the motion for reargument of this court's order dated December 21, 2006, is granted and upon reargument defendant's motion for poor person relief is granted and counsel assigned pursuant to Article 18-B of the County Law.

The court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and

Assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court, and

Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide the trial court with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report. The trial court shall then conduct an in camera inspection of such documents for the purpose of reacting any information which that court deems to be improper for the defendant to see; and it is further;

Upon the trial court having had the opportunity to review the documents and react such portion, if necessary, then those documents shall be provided to the assigned counsel.