Appellate Division: Second Judicial Department

M87401

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2007-10103 The People, etc., respondent, v Stephen Frick, appellant. (Ind. No. 2000/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with the presentence report, as well as the minutes of the arraignment proceedings and the proceedings on the date, at which counsel was reassigned, to aid in the preparation of a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered September 25, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the Clerk of the court will forward a copy of the presentence report to the appellant; and it is further,

ORDERED that the decision and order on motion of this court dated January 11, 2008, 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 arraignment proceedings and the proceedings on the date, at which counsel was reassigned, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and is directed to furnish one copy to the Clerk of this court, without charge; and it is further,

ORDERED that the Clerk of this Court, on his designee, shall provide the appellant with a copy of a redacted presentence report; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeal is taken, and to deliver the transcript of the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed.

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 5738

Auburn Corr. Fac.

P.O. Box 618

Auburn, New York 13024