Appellate Division: Second Judicial Department

M56632

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-03415 The People, etc., respondent, v Joel Beecham, appellant. (Ind. No. 2882-04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered March 6, 2006, (1) to enlarge the judgment roll to include the transcripts of the arraignment and other court appearances which occurred in the County Court, Suffolk County, prior to the pretrial hearings in the above-entitled action, and to include the transcripts of the proceedings of any arraignment or other court appearances and of any pretrial applications or hearings, which occurred in the Suffolk County District Court under Docket No. 2004 SU 062160, and (2) to direct that the appellant be produced for telephone conferences with his assigned counsel between 9:30 A.M. and 11:00 A.M. and 1:00 P.M. and 2:30 P.M. on such weekday dates and times designated by the appellant's assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll is granted, and the decision and order on motion of this court dated July 20, 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 arraignment and other court appearances which occurred in the County Court, Suffolk County, prior to the pretrial hearings in the above-entitled action, and proceedings of any arraignment or other court appearances and of any pretrial applications or hearings, which occurred in the Suffolk County District Court under Docket No. 2004 SU 062160, 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; and it is further,

ORDERED that the branch of the motion which is to direct that the appellant be produced for telephone conferences is granted to the extent that the Warden of the Clinton Correctional Facility shall produce the appellant for a telephone conference with his assigned counsel at 10:00 A.M. on September 6, 2007, and that branch of the motion is otherwise denied; 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, as well as upon the Warden of the Clinton Correctional Facility.

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court