Appellate Division: Second Judicial Department

M145310

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-01968 The People, etc., respondent, v Steven Henderson, appellant. (Ind. No. 10931/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll to include the transcripts of certain proceedings which occurred in the above-entitled action on an appeal from a judgment of the Supreme Court, Kings County, rendered February 17, 2011, and to enlarge the time to perfect the appeal.

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 May 6, 2011, 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 which occurred on the following dates, if they are available:

(1) January 7, 2009, Part 11;

(2) March 4, 2009, Part 11;

(3) April 15, 2009, Part 40;

(4) May 18, 2009, Part 40;

(5) June 24, 2009, Part 40;

(6) August 13, 2009, Part 40;

(7) September 18, 2009, Part 40;

(8) October 29, 2009, Part 40;

(9) December 9, 2009, Part 40;

(10) January 5, 2010, Part 40;

(11) January 27, 2010, Part 40;

(12) February 10, 2010, Part 40;

(13) March 1, 2010, Part 40;

(14) March 15, 2010, Part 40; and

(15) April 19, 2010, Part 40; and it is further,

ORDERED that the stenographer is directed to make, certify and file such transcripts within 45 days of the date of this decision and order on motion and the clerk of the trial court shall furnish one certified transcript of each of the proceedings 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 transcripts 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 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.

ENG, P.J., RIVERA, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court