Appellate Division: Second Judicial Department

M111525

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-01961 The People, etc., respondent, v Scott Young, appellant. (Ind. No. 3118/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered February 19, 2009, to enlarge the judgment roll to include the transcripts of certain proceedings.

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 April 29, 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, under Indictment No. 1979/05, if they are available:

(1) June 21, 2005, Part DV;

(2) June 28, 2005, Part, DV;

(3) September 12, 2005, Part DV;

(4) May 23, 2006, Part DV;

(5) June 14, 2006, Part DV;

(6) June 27, 2006, Part DV;

(7) July 11, 2006, Part DV;

(8) July 31, 2006, Part DV;

(9) August 2, 2006, Part DV;

(10) September 19, 2006, Part DV;

(11) October 10, 2006, Part DV;

(12) November 8, 2006, Part DV;

(13) November 22, 2006, Part DV;

(14) November 27, 2006, Part DV;

(15) December 13, 2006, Part DV;

(16) January 8, 2007, Part DV;

(17) February 27, 2007, Part DV;

(18) March 19, 2007, Part DV;

(19) March 21, 2007, Part DV;

(20) March 26, 2007, Part DV;

(21) March 28, 2007, Part DV;

(22) April 23, 2007, Part DV;

(23) May 8, 2007, Part DV;

(24) May 15, 2007, Part DV;

(25) May 29, 2007, Part DV;

(26) July 16, 2007, Part DV;

(27) July 25, 2007, Part DV;

(28) August 14, 2007, Part DV;

(29) September 5, 2007, Part DV;

(30) November 13, 2007, Part DV;

(31) November 26, 2007, Part 10;

(32) December 17, 2007, Part 10;

(33) January 8, 2008, Part 10;

(34) January 30, 2008, Part 10;

(35) February 11, 2008, Part 10;

(36) February 13, 2008, Part 10;

(37) March 18, 2008, Part 10;

(38) March 26, 2008, Part 10;

(39) April 3, 2008, Part 10; and

(40) April 7, 2008, Part 10; 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 when counsel serves the appellant's brief on 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 the appellant's time to perfect the appeal 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.

SKELOS, J.P., SANTUCCI, BALKIN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court