Appellate Division: Second Judicial Department

M168171

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-06548 The People, etc., respondent, v David Prince, appellant. (Ind. No. 800/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the transcripts of the proceedings which occurred on April 14, 2011, and April 18, 2011, to aid in the preparation of his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 29, 2011, and to enlarge the time to serve and file the supplemental brief.

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 October 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 proceedings which occurred on April 14, 2011, and April 18, 2011, if available; 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 Clerk of this Court, without charge (see CPL 460.70); the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts 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 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 and deliver the transcripts to the Clerk of this Court; and it is further,

ORDERED that the Clerk of this Court or her designee shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief filed.

RIVERA, J.P., DILLON, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court