of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

The People of the State of New York, Plaintiff, v Calvin Thompson, Defendant. Appellate Term Docket No.

2011-2137 K CR

Lower Court # 2010KN035948

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Motion by defendant pursuant to CPL 460.30 for extensions of time to take appeals from two judgments of conviction of the Criminal Court of the City of New York, Kings County, both rendered August 12, 2010, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED, on the court's own motion, that the appeals are consolidated for the purpose of disposition of this motion; and it is further,

ORDERED that the branch of the motion seeking extensions of time to take appeals is granted and defendant's moving papers are deemed to constitute timely notices of appeal; and it is further,

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ORDERED that the branches of the motion seeking leave to prosecute the appeals as a poor person and the assignment of counsel are granted and the Legal Aid Society is assigned as counsel; and it is further,

ORDERED, on the court's own motion, that the appeals shall be perfected expeditiously; and it is further,

ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal, STEVEN BANKS, ESQ., NEW YORK CITY LEGAL AID SOCIETY, 199 WATER STREET, 5TH FLOOR, NEW YORK, NEW YORK 10038; and it is further,

ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report; and it is further,

ORDERED, on the court's own motion, that defendant may perfect the appeals with a single brief bearing both of the above-listed appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time.

ENTER:

Paul Kenny

Chief Clerk

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