| People v Zeigler, Andrew |
| Motion No: 2012-07628 |
| Slip Opinion No: 2014 NY Slip Op 61685(U) |
| Decided on January 21, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M168166
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2012-07628, 2012-09881 The People, etc., respondent, v Andrew Zeigler, appellant. (Ind. No. 3209-10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to be furnished with the transcripts of the proceedings which occurred on December 11, 2010, and December 23, 2010, on appeals from a judgment of the County Court, Suffolk County, rendered July 17, 2012, and a resentence of the same court imposed September 25, 2012, and for the assignment of new counsel.
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 May 8, 2013, 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 December 11, 2010, and December 23, 2010, 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 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 appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals are taken.
DICKERSON, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court