Appellate Division: Second Judicial Department

M165921

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2011-03914 The People, etc., respondent, v Gene Martinez, appellant. (Ind. No. 10487/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered March 21, 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 September 13, 2011, 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:

Kings County Criminal Court, under Docket No. 2009KN090929

(1) November 14, 2009, Part APAR4;

(2) November 17, 2009, Part AP1F; and

Kings County Supreme Court, under Ind. No. 10487/09

(1) January 12, 2010, Part 85;

(2) March 10, 2010, Part 20;

(3) March 31, 2010, Part 20;

(4) May 12, 2010, Part 20;

(5) June 9, 2010, Part 20;

(6) June 22, 2010, Part 20;

(7) July 20, 2010, Part 20;

(8) August 11, 2010, Part 20;

(9) August 19, 2010, Part 20;

(10) September 28, 2010, Part 20;

(11) October 13, 2010, Part 20;

(12) October 21, 2010, Part 20;

(13) October 28, 2010, Part 20;

(14) November 9, 2010, Part 20;

(15) November 15, 2010, Part 20;

(16) December 9, 2010, Part 20;

(17) January 11, 2011, Part 20;

(18) February 1, 2011, Part 20; and

(19) February 17, 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 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.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court