Appellate Division: Second Judicial Department

M170152

S/ct

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2008-07743 The People, etc., respondent, v Ricardo Marsden, appellant. (Ind. No. 728/07)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered August 8, 2008. The appeal was perfected on July 21, 2010, the People filed their brief on October 20, 2010, the appellant pro se filed a supplemental brief on April 25, 2011, and the People filed a response to the supplemental brief on July 25, 2011, and the appeal was calendared for October 3, 2011. By decision and order of this Court dated October 18, 2011, the matter was remitted to the County Court, Nassau County, to hear and report on the defendant's motion pursuant to CPL 330.30(2) to set aside the verdict based upon allegations of juror misconduct, and the appeal was held in abeyance in the interim. The County Court has filed its report.

Now, on the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 6, 2008, which granted the defendant's motion for poor person relief and the assignment of counsel on the appeal, is amended by adding thereto a provision directing the stenographer of the trial court to promptly make, certify, and file two transcripts of the hearing held in connection with the defendant's motion pursuant to CPLR 330.30(2), except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent if assigned counsel chooses to serve and file a supplemental brief in accordance with the following decretal paragraph; and it is further,

ORDERED that within 30 days after receipt of the transcripts of the hearing set forth above the appellant's counsel shall advise this Court in writing whether she wishes to file a supplemental brief; any supplemental brief shall be served and filed within 60 days after receipt of the subject transcripts, the respondent shall serve and file a supplemental brief within 45 days of service of the appellant's supplemental brief, and the appellant, if he be so advised, may file a reply to the respondent's brief within ten days of service of the respondent's supplemental brief; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court