Appellate Division: Second Judicial Department

M165920

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2011-10034 The People, etc., respondent, v Theodore Blacks, appellant. (Ind. No. 5464/09)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with certain transcripts on an appeal from a judgment of the Supreme Court, Kings County, rendered October 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 March 19, 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 following proceedings:

(1) August 24, 2009, Part PD85;

(2) October 14, 2009, Part 20;

(3) November 10, 2009, Part VC-20;

(4) December 15, 2009, Part 20;

(5) January 6, 2010, Part 1;

(6) January 6, 2010, Part 20;

(7) February 11, 2010, Part 1;

(8) February 19, 2010, Part 1;

(9) February 22, 2010, Part 20;

(10) April 14, 2010, Part 20;

(11) May 13, 2010, Part 20;

(12) May 24, 2010, Part 20;

(13) June 10, 2010, Part 20;

(14) June 21, 2010, Part 20;

(15) August 16, 2010, Part 20;

(16) September 2, 2010, Part 20;

(17) October 6, 2010, Part 20;

(18) November 4, 2010, Part 20;

(19) November 18, 2010, Part 20;

(20) December 6, 2010, Part 20;

(21) January 6, 2011, Part 20;

(22) February 1, 2011, Part 20;

(23) February 7, 2011, Part 20; and

(24) March 22, 2011, Part 20; 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.

MASTRO, J.P., RIVERA, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court