Appellate Division: Second Judicial Department

M74928

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WILLIAM F. MASTRO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2007-05288, 2008-06721 The People, etc., respondent, v Bashan Green, appellant. (Ind. No. 4406/06)

DECISION & ORDER ON MOTION

Motion by Bashan Green pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the Supreme Court, Kings County, dated August 23, 2007, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and, in effect, to consolidate the appeal from the resentence dated August 23, 2007, with an appeal from a judgment the same court rendered May 21, 2007.

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 defendant's moving papers are deemed to constitute a timely notice of appeal from the resentence dated August 23, 2007; and it is further,

ORDERED that the appeal from the resentence dated August 23, 2007, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the decision and order on motion dated September 18, 2007, which granted the appellant's motion for poor person relief on the appeal from the judgment rendered May 21, 2007, is amended to direct stenographer of the trial court is to promptly to make, certify, and file two transcripts of the proceedings of the imposition of the resentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9), 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the resentence dated August 23, 2007:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the appeal from the resentence dated August 23, 2007, 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; 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.

MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court