| People v Fully, Amos |
| Motion No: 2010-07727 |
| Slip Opinion No: 2012 NY Slip Op 87177(U) |
| Decided on October 12, 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. |
Appellate Division: Second Judicial Department
M144784
S/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-07727 The People, etc., respondent, v Amos Fully, appellant. (Ind. No. 364/09)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Richmond County, rendered July 1, 2010. By decision and order of this Court dated December 27, 2011, the matter was remitted to the Supreme Court, Richmond County, for a new hearing on the defendant's motion to withdraw his plea of guilty, and for a new determination of the motion thereafter, and the appeal was held in abeyance pending receipt of the Supreme Court's report. The Supreme Court has filed its report.
Now, on the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 7, 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 proceedings of the hearing before the Supreme Court, Richmond County, which resulted in the report dated August 16, 2012, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that the appellant may serve and file a supplemental brief, if he be so advised, within 45 days after the transcripts set forth above are received by assigned counsel; the respondent shall serve and file a supplemental brief, if so advised, within 45 days after service upon it of the appellant's supplemental brief; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings set forth above to the respondent when the appellant's supplemental brief is served.
SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court