Appellate Division: Second Judicial Department

M56536

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2005-07621 The People, etc., respondent, v Marcus Hayes, appellant. (Ind. No. 2830/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered August 4, 2005, to enlarge the judgment roll to include the transcripts of the proceedings on April 16, 2004, October 14, 2004, December 13, 2004, and January 13, 2005 (Part K-12).

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 November 16, 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 before the Supreme Court, Queens County, on April 16, 2004, October 14, 2004, December 13, 2004, and January 13, 2005 (Part K-12), 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 appellant's counsel, without charge; 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.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court