Appellate Division: Second Judicial Department

M156111

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-11008 The People, etc., respondent, v Greg Cantoni, appellant. (Ind. No. 168/09)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with additional transcripts on an appeal from a judgment of the Supreme Court, Queens County, rendered November 10, 2011.

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 February 1, 2012, 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) May 13, 2009, TAP A;

(2) June 18, 2009, TAP A;

(3) August 6, 2009, TAP A;

(4) August 19, 2009, Part K12;

(5) September 30, 2009, Part K12;

(6) October 27, 2009, Part K12;

(7) November 24, 2009, Part K12;

(8) December 8, 2009, Part K12;

(9) December 31, 2009, Part K22;

(10) January 7, 2010, Part K6 (J.Paynter);

(11) January 7, 2010, Part K12 (J.Grosso);

(12) February 3, 2010, Part K-TRP;

(13) February 24, 2010, Part K-TRP;

(14) March 12, 2010, Part K-TRP;

(15) March 31, 2010, Part K-TRP;

(16) April 16, 2010, Part K-TRP;

(17) May 19, 2010, Part K-TRP;

(18) June 14, 2010, Part K-TRP;

(19) June 30, 2010, Part K-TRP;

(20) August 12, 2010, Part K-TRP;

(21) September 20, 2010, Part K-TRP;

(22) October 5, 2010, Part K19(J. Knopf);

(23) October 5, 2010, Part K19(J. Demakos);

(24) November 9, 2010, Part K19;

(25) December 1, 2010, Part K19;

(26) April 15, 2011, Part K2;

(27) May 5, 2011, Part K2;

(28) June 15, 2011, Part K2;

(29) August 8, 2011, Part K2;

(30) August 23, 2011, Part K2(J. Kron);

(31) August 23, 2011, Part K23(J. Blumenfeld);

(32) August 29, 2011, Part K23; and

(33) August 30, 2011, Part K23; 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.

DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court