Appellate Division: Second Judicial Department

M175500

T/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-00083 The People, etc., respondent, v Damien Burton, appellant. (Ind. No. 826N/12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered December 5, 2013, to enlarge the judgment roll to include the transcripts of certain proceedings.

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 February 11, 2014, 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, if they are available:

(1) April 28, 2012;

(2) May 24, 2012;

(3) September 6, 2012;

(4) October 3, 2012;

(5) November 14, 2012;

(6) December 12, 2012;

(7) January 3, 2013;

(8) February 14, 2013;

(9) February 27, 2013;

(10) March 28, 2013;

(11) April 1, 2013;

(12) April 2, 2013;

(13) June 11, 2013;

(14) July 15, 2013;

(15) September 4, 2013;

(16) September 10, 2013;

(17) September 16, 2013; and

(18) September 23, 2013; 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 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.

SKELOS, J.P., DILLON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court