Appellate Division: Second Judicial Department

M162039

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-10764 The People, etc., respondent, v Wayne Chin, appellant. (Ind. No. 1018/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 17, 2009, to be provided with the transcript of the proceedings on September 9, 2009, a copy of the audiotape of the 911 emergency call, and a transcript of the audiotape to aid in the preparation of a supplemental brief .

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

ORDERED that the branch of the motion which is to be provided with the transcript of the proceedings on September 9, 2009, is granted, and the decision and order on motion of this Court dated February 19, 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 on September 9, 2009, if they are available; 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 Clerk of this Court, without charge (see CPL 460.70); 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 and furnish said copy to the Clerk of this Court; and it is further,

ORDERED that the Clerk of this Court shall deliver the transcript to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the audiotape of the 911 emergency call is granted to the extent that the District Attorney shall file a copy of audiotape of the 911 emergency call as an exhibit in the Court; and it is further,

ORDERED that upon delivering the transcript of the proceedings on September 9, 2009, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief filed; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court