Appellate Division: Second Judicial Department

M165924

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-10776 The People, etc., respondent, v Shantee Brooks, appellant. (Ind. No. 639/11)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with certain transcripts on an appeal from a judgment of the Supreme Court, Queens County, rendered November 2, 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 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 following proceedings:

Queens County Criminal Court

(1) December 1, 2009, Part APAR1;

(2) December 16, 2009, Part AP6;

(2) December 30, 2009, Part AP6; and

Queens County Supreme Court

(1) January 22, 2010, TAP A;

(2) January 27, 2010, TAP A;

(3) February 4, 2010, TAP A;

(4) March 29, 2010, Part K12,

(5) April 21, 2010, Part K12;

(6) May 7, 2010, Part K12;

(7) May 24, 2010, Part K12;

(8) June 7, 2010, Part K12;

(9) July 16, 2010, Part K12;

(10) August 18, 2010, Part K-TRP;

(11) October 6, 2010, Part K-TRP;

(12) November 8, 2010, Part K-TRP;

(13) December 1, 2010, Part K-TRP;

(14) January 13, 2011, TAP A;

(15) January 27, 2011, TAP A;

(16) February 7, 2011, TAP A;

(17) February 23, 2011, TAP A;

(18) February 28, 2011, TAP A;

(19) March 7, 2011, Part K23;

(20) March 7, 2011, TAP A;

(21) March 8, 2011, Part K23;

(22) March 9, 2011, Part K23;

(23) April 29, 2011, Part K23;

(24) May 2, 2011, Part K23;

(25) June 10, 2011, Part K23;

(26) July 8, 2011, Part K23;

(27) August 16, 2011, Part K23;

(28) September 13, 2011, Part K23; and

(29) September 19, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court