Appellate Division: Second Judicial Department

M135294

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2008-04522 The People, etc., respondent, v Randolph Williams, appellant. (Ind. No. 2838/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered May 1, 2008, to unseal an affidavit of a certain witness and portion of the trial transcript of that witness's testimony, and to be provided with a copy of the affidavit and portion of the transcript, without charge.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to unseal the affidavit and portion of the trial transcript and to be provided with a copy of the affidavit and portion of the transcript, without charge is granted to the extent that pages 286 through 303 of the transcript and affidavit of the subject witness are unsealed so that the transcript can be transcribed, and the appellant's counsel and the respondent's counsel can be provided with the transcript and the affidavit; the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the subject proceedings, that is, pages 286 through 303 of the transcript; the clerk of the trial court shall furnish one certified transcript of those proceedings to the appellant's counsel, without charge (see CPL 460.70); the appellant's 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 when the appellant serves and files the appellant's brief the pages 286 through 303 of the transcript and the affidavit of the subject witness shall be filed under seal with the Clerk of this Court; 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 the appellant's counsel; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Attorney's Address:

Mischel & Horn, P.C.

One Whitehall Street - 10th Floor

New York, New York 10004