Appellate Division: Second Judicial Department

M74889

E/cb

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2007-10239, 2008-01205 People of State of New York, respondent, v Danny Cuesta, appellant. (Appeal No. 1) People of State of New York, respondent, v Danny Cuesta, appellant. (Appeal No. 2)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, dated October 22, 2007 (Appellate Division Docket No. 2007-10239), and an order of the County Court, Suffolk County, dated October 23, 2007 (Appellate Division Docket No. 2008-01205), to enlarge the judgment roll on the appeal from the order of the Supreme Court, Nassau County, dated October 22, 2007 (Appellate Division Docket No. 2007-10239), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Nassau County, under Indictment No. 2540/06, to direct the court stenographer to transcribe the minutes of the sentencing proceeding in connection with the appellant's conviction under Nassau County Indictment No. 2540/06, to enlarge the judgment roll on the appeal from the order of the Supreme Court, Suffolk County, dated October 23, 2007 (Appellate Division Docket No. 2008-01205), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Nassau County, under Indictment No. 2540/06, to enlarge the judgment roll on the appeal from the order of the Supreme Court, Nassau County, dated October 22, 2007 (Appellate Division Docket No. 2007- 10239), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Suffolk County, under Indictment No. 2032/05, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll on the appeal from the order of the Supreme Court, Nassau County, dated October 22, 2007 (Appellate Division Docket No. 2007-10239), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Nassau County, under Indictment No. 2540/06, is granted; and it is further,

ORDERED that the branch of the motion which is to direct the court stenographer to transcribe the minutes of the sentencing proceeding in connection with the appellant's conviction under Nassau County Indictment No. 2540/06 is granted, and the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the sentencing minutes in connection with the action commenced in the Supreme Court, Nassau County, under Indictment No. 2540/06, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of those sentencing proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent in that appeal when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll on the appeal from the order of the Supreme Court, Suffolk County, dated October 23, 2007 (Appellate Division Docket No. 2008-01205), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Nassau County, under Indictment No. 2540/06, and the branch of the motion which is to enlarge the judgment roll on the appeal from the order of the Supreme Court, Nassau County, dated October 22, 2007 (Appellate Division Docket No. 2007-10239), to include the plea and sentencing minutes for the action commenced in the Supreme Court, Suffolk County, under Indictment No. 2032/05, are granted to the extent that the judgment rolls for those appeals are enlarged to include those minutes, without prejudice to the respondents arguing in their briefs that the minutes should not be considered in determining the appeals; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the appellant's time to perfect the appeals 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.

SPOLZINO, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043