Appellate Division: Second Judicial Department

M145308

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-04236 The People, etc., respondent, v Russell D. Ragland, appellant. (Ind. No. 1535-10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered April 4, 2011, to include the transcript of the proceedings which occurred on August 23, 2010.

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 July 15, 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 August 23, 2010; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes 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 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 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