Appellate Division: Second Judicial Department

M129650

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-02066 The People, etc., respondent, v Michael D. Collins, appellant. (Ind. No. 2337-10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered February 8, 2011, to include the minutes of the proceedings on November 23, 2010.

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

ORDERED that the motion is granted, and the decision and order on motion of this Court dated June 9, 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 proceedings on November 23, 2010, if they are available, within 45 days of the date of this decision and order on motion; and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript 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 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 Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken.

SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court