| People v Madison, Jason |
| Motion No: 2004-09389 |
| Slip Opinion No: 2008 NYSlipOp 68618(U) |
| Decided on April 7, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M68717
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2004-09389 The People, etc., respondent, v Jason Madison, appellant. (Ind. No. 04-00161)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 2, 2008, 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 County Court, Orange County, rendered October 20, 2004, to enlarge the judgment roll to include the transcripts of proceedings which occurred on June 28, 2004, and July 29, 2004.
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 to include the transcripts of proceedings which occurred on June 28, 2004, and July 29, 2004, is granted; and it is further,
ORDERED that the decision and order on motion of this court dated April 12, 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 June 28, 2004, and July 29, 2004, if they are available; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-referenced proceedings 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 time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; 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 to deliver the transcript of the stenographic minutes of the proceedings during jury selection to the respondent when the appellant's brief is served.
RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court