Appellate Division: Second Judicial Department

M59815

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2005-07437 The People, etc., respondent, v Blake Wingate, appellant. (Ind. No. 941/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered July 27, 2005, to enlarge the judgment roll to include the transcripts of certain 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 decision and order on motion of this court dated October 13, 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 the following dates, if they are available:

(1) April 10, 2003, in the Criminal Court, Queens County, under Case No. 2003QN015780, in Part AR-3;

(2) July 9, 2003, in the Criminal Court, Queens County, under Case No. 2003QN015780, in Part AP-6;

(3) July 29, 2003, in the Criminal Court, Queens County, under Case No. 2003QN015780, in Part AP-6;

(4) September 3, 2003, in the Criminal Court, Queens County, under Case No. 15780/03, in Part AP-6;

(5) September 17, 2003, in the Criminal Court, Queens County, under Case No. 2003QN015780, in Part AP-6;

(6) September 18, 2003, in the Criminal Court, Queens County, under No. 2003QN015780, in Part AP-6;

(7) September 23, 2003, in the Criminal Court, Queens County, under Case No. 2003QN015780, in Part AR-3;

(8) October 7, 2003, in the Supreme Court, Queens County, under Indictment No. 1948/03, in Part TAP-A;

(9) October 14, 2003, in the Supreme Court, Queens County, under Indictment No. 1948/03, in Part TAP-A;

(10) October 27, 2003, in the Supreme Court, Queens County, under Indictment No. 1948/03, in Part TAP-A;

(11) January 13, 2004, in the Supreme Court, Queens County, under Indictment No. 1948/03, in Part TAP-A;

(12) April 26, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part TAP-A;

(13) July 7, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part TAP-A;

(14) August 5, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part TAP-A;

(15) October 25, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part K-23;

(16) October 26, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part K-12;

(17) November 23, 2004, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part K-12;

(18) February 22, 2005, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part K-12;

(19) March 7, 2005, in the Supreme Court, Queens County, under Indictment No. 941/04, in Part K-TRP;

and it is further,

ORDERED that the stenographer(s) is/are 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 shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 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 for assigned counsel; 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 appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court