Appellate Division: Second Judicial Department

M168030

E/nl

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-04952 The People, etc., respondent, v Phillip Wright, appellant. (Ind. No. 408/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Kings County, rendered April 27, 2012.

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 August 9, 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) April 13, 2009, Part PD85;

(2) June 8, 2009, Part 50;

(3) June 26, 2009, Part 50;

(4) July 2, 2009, Part 50;

(5) August 13, 2009, Part 50;

(6) October 13, 2009, Part 50;

(7) November 10, 2009, Part 50;

(8) December 22, 2009, Part 50;

(9) February 8, 2010, Part 50;

(10) April 9, 2010, Part 50;

(11) April 22, 2010, Part 50;

(12) May 21, 2010, Part 50;

(13) July 12, 2010, Part 50;

(14) August 18, 2010, Part 50; and

(15) February 16, 2012, Part 50; 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., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court