APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

On the court's own motion, the order dismissing appeal No. 2006-496 OR CR is vacated.

That branch of the motion by appellant to consolidate appeal Nos. 2005-1525 OR CR and 2006-496 OR CR is granted and the appeals are consolidated under appeal No. 2005-1525 OR CR.

That branch of the motion for poor person relief on appeal No. 2006-496 OR CR is granted and counsel, Gary Eisenberg, Esq., assigned pursuant to Article 18-B of the County Law.

That branch of the motion for an enlargement of time to perfect appeal is granted and appeal shall be perfected expeditiously.

Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.

The court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and

Assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court, and

Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report.