Appellate Division: Second Judicial Department

M68075

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2006-10285 The People, etc., respondent, v Kevin Greaves, appellant. (Ind. No. 1115/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 16, 2006, to enlarge the judgment roll to include the transcript of certain pretrial proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition 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 April 24, 2007, 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: February 24, 2005, APAR3; March 10, 2005, AP6; March 23, 2005, AP6; April 18, 2005, AP6; May 2, 2005, APAR3; May 2, 2005, AP6; May 16, 2005, TAP A; May 23, 2005, TAP A; June 6, 2005, TAP A; July 25, 2005, TAP A; August 22, 2005, TAP A; September 20, 2005, K12; October 19, 2005, K12; November 15, 2005, K12; December 13, 2005, K12; January 12, 2006, K12; February 3, 2006, K12; February 28, 2006, K12; March 14, 2006, K12; April 13, 2006, K12; May 17, 2006; K-TRP; May 31, 2006, K-TRP; July 25, 2006, K-TRP; August 16, 2006, K-TRP; September 6, 2006; K6; September 6, 2006; K-TRP; and September 7, 2006; K6; and it is further,

ORDERED that 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 the appellant's assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court