Appellate Division: Second Judicial Department

M156098

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2008-06937, 2009-04516, 2013-04825 The People, etc., respondent, v Eldred Leitzsey, appellant. (Ind. No. 143/06, 144/06, 25/08)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two judgments of the Supreme Court, Richmond County, both rendered July 8, 2008, (Ind. Nos. 143/06 and 144/06) and a judgment of the same court rendered April 23, 2009, (Ind. No. 25/08) (1) in effect, to amend a decision and order on motion of this Court dated September 21, 2009, which granted poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered July 8, 2008, under Indictment No. 143/06 to reflect that the appellant is also granted poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered July 8, 2008, under Indictment No. 144/06, (2) to consolidate the appeals, (3) to unseal the transcripts of the proceedings which occurred on May 13, 2008, under Ind. Nos. 143/06 and 144/06, (4) to enlarge the record to include the transcript of the proceedings which occurred on March 14, 2008, in the actions under Indictment Nos. 143/06 and 144/06, and (5) to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is, in effect, to amend the decision and order on motion of this Court dated September 21, 2009, to reflect that the appellant is also granted poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered July 8, 2008, under Indictment No. 144/06 is granted and the decision and order on motion of this Court dated September 21, 2009 is amended to include indictment No. 144/06; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals from the judgments rendered July 8, 2008, are consolidated and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to unseal the transcripts of the proceedings which occurred on May 13, 2008, is denied as unnecessary as the decision and order on motion of this Court dated September 21, 2009, as amended, unsealed the proceedings in the actions under Indictment Nos. 143/06 and 144/06 for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the transcript of the proceedings which occurred on March 14, 2008, in the action under Indictment Nos. 143/06 and 144/06 is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged, and 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court