People v Allard, Dru
Motion No: 2010-06393
Slip Opinion No: 2012 NY Slip Op 62488(U)
Decided on January 26, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M132276

E/nl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2010-06393

The People, etc., respondent,

v Dru Allard, appellant.

(Ind. No. 8542/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 2010, to enlarge the judgment roll to include the transcripts of the minutes 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 the decision and order on motion of this court dated October 29, 2010, 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. 9083/06 or superceding Indictment No. 8542/07, if they are available:

(1) April 4, 2007, Part 20;

(2) April 23, 2007, Part 20;

(3) May 31, 2007, Part 20;

(4) June 18, 2007, Part 20;

(5) July 25, 2007, Part 20;

(6) July 26, 2007, Part 20;

(7) September 7, 2007, Part 20; and

(8) October 24, 2007, Part 20;

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, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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 the appellant's assigned counsel 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.

DILLON, J.P., FLORIO, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court