Appellate Division: Second Judicial Department

M170929

E/mv

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-10822, 2013-10825 The People, etc., respondent, v John Arroyo, appellant. (Ind. No. 12-00749)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from an order of the Supreme Court, Westchester County, entered October 16, 2013, and a judgment of the same court rendered November 6, 2013, as a poor person and for the assignment of counsel. By order to show cause dated January 28, 2014, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the order was not appealable either by right or by permission, the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the order was held in abeyance, and the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the judgment was denied with leave to renew. Renewed motion by the appellant pro se for poor person relief and the assignment of counsel on the appeal from the judgment rendered November 6, 2013. Application by the appellant pro se for leave to withdraw the appeal from the order.

Now, upon the order to show cause and no papers having been filed in response thereto, upon the papers filed in support of the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the order and the papers filed in opposition and in relation thereto, upon the papers filed in support of the appellant's renewed motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal from the order entered October 16, 2013 (Appellate Division Docket No. 2013-10822), is marked withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal from the order and the branch of the appellant's motion which was for poor person relief and the assignment of counsel on the appeal from the order are denied as academic; and it is further,

ORDERED that the renewed motion is granted; and it is further,

ORDERED that the appeal from the judgment will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; 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 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 minutes 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 upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the judgment:

Marianne Karas, Esq.

980 Broadway, Suite 324

Thornwood, N.Y. 10594

and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 from the judgment is taken.

DILLON, J.P., HALL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-5019

Five Points Corr. Fac.

Caller Box 119, Route 96

Romulus, N.Y. 14541