Appellate Division: Second Judicial Department

M109473

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-03230 The People, etc., respondent, v Kevin W. (Anonymous), appellant. (Ind. No. 3178/06)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered February 18, 2009, in effect, to enlarge the judgment roll to include the transcripts of certain proceedings and to direct the appellant to furnish them with those transcripts, and to enlarge the time to serve and file a brief.

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 decision and order on motion of this court dated October 30, 2009, 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 following proceedings, if they are available:

(1) July 18, 2007;

(2) August 1, 2007;

(3) September 6, 2007;

(4) September 26, 2007;

(5) October 25, 2007;

(6) November 20, 2007;

(7) December 13, 2007;

(8) January 23, 2008; and

(9) February 6, 2008; 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 order, 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; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that respondent's time to serve and file a brief is enlarged until December 28, 2010, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court