Appellate Division: Second Judicial Department

M144586

E/mv

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-05131, 2012-05758 The People, etc., respondent, v Marvon Jemmott, appellant. (Ind. No. 222/10)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 18, 2011, and an appeal, by permission, from an order of the County Court, Nassau County, dated May 8, 2012, to consolidate the appeals and for poor person relief and the assignment of counsel with respect to the appeal from the order dated May 8, 2012. By decision and order on motion of this Court dated October 7, 2011, the appellant was granted poor person relief with respect to the appeal from the judgment and the following named attorney was assigned as counsel to prosecute that appeal:

Andrew MacAskill, Esq.

1400 Old Country Road - Suite 309

Westbury, N.Y. 11590

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appeals 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 any hearing held in connection with the order dated May 8, 2012, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the order dated May 8, 2012:

Andrew MacAskill, Esq.

1400 Old Country Road - Suite 309

Westbury, N.Y. 11590

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 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 County Court, Nassau County.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

11-A-2483

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, N.Y. 10562