Appellate Division: Second Judicial Department

M118984

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-04906 The People, etc., respondent, v Lamar Moore, appellant. (Ind. No. 2626/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from a judgment of the Supreme Court, Queens County, dated May 6, 2009, 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, the decision and order on motion of this Court dated September 21, 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) October 5, 2006, Part AP6;

(2) October 25, 2006, Part AP6;

(3) November 16, 2006, Part AP6;

(4) December 18, 2006, Part AP6;

(5) January 30, 2007, Part AP6;

(6) February 22, 2007, Part AP6;

(7) April 19, 2007, Part AP6;

(8) May 15, 2007, Part AP6;

(9) May 29, 2007, Part AP6; and

(10) June 6, 2007, Part A; 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.

RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court