Appellate Division: Second Judicial Department

M141996

V/

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2007-04189, 2010-11993, 2011-10470 The People, etc., respondent, v Shamduh Wilson, appellant. (Ind. No. 1046/05)

DECISION & ORDER ON MOTION

Appeals by Shamduh Wilson from two judgments of the Supreme Court, Kings County, rendered March 29, 2007, and December 8, 2010, respectively, and, by permission, from an order of the same court, dated September 12, 2011. By decision and order on motion of this Court dated March 21, 2011, the following named attorney was assigned as counsel to prosecute the appeals from the judgments rendered March 29, 2007, and December 8, 2010:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Motion by the appellant pro se for leave to prosecute the appeal from the order dated September 12, 2011, as a poor person, and for the assignment of counsel.

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

ORDERED that on the Court's own motion, the appeals are consolidated; and it is further,

ORDERED that the motion by the appellant for leave to prosecute the appeal from the order dated September 12, 2011, as a poor person, and for the assignment of counsel is granted, and the following named attorney is assigned as counsel to prosecute that appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated September 12, 2011, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned 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.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

07-A-2202

Southport Corr. Fac.

P.O Box 2000

Pine City, N.Y. 14871