Appellate Division: Second Judicial Department

M58684

J/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-09757 The People, etc., respondent, v Fernando Vega, appellant. (Ind. No. 11187/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 14, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 4, 2006, for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall deliver any transcripts to the Clerk of this court, who shall deliver same to the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof and deliver same to the Clerk of this court; 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; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until 60 days after service of the transcript upon the respondent.

SCHMIDT, J.P., CRANE, DILLON, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Stephen Bergstein

Bergstein & Ullrich, LLP

15 Railroad Avenue

Chester, New York 10918