Appellate Division: Second Judicial Department

M128301

E/ct

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-01860 The People, etc., respondent, v Earl Hall, appellant. (Ind. No. 658/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered February 2, 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; and it is further,

ORDERED that the decision and order on motion of this Court dated March 23, 2011, 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) February 23, 2006, Part APN;

(2) March 8, 2006, Part APN;

(3) March 22, 2006, Part TAP A;

(4) April 4, 2006, Part TAP A;

(5) April 19, 2006, Part TAP A;

(6) August 4, 2006, Part TAP A;

(7) September 21, 2006, Part K12;

(8) September 28, 2006, Part K12;

(9) November 9, 2006, Part K12;

(10) December 7, 2006, Part K12;

(11) January 11, 2007, Part K12;

(12) March 21, 2007, Part JHO;

(13) May 3, 2007, Part JHO;

(14) October 2, 2007, Part K23;

(15) October 26, 2007, Part K23;

(16) November 1, 2007, Part K23;

(17) November 15, 2007, Part K23;

(18) November 29, 2007, Part K23;

(19) January 14, 2008, Part K23;

(20) February 26, 2008, Part K23;

(21) March 19, 2008, Part K23; and

(22) April 10, 2008, Part K23; 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 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., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court