Appellate Division: Second Judicial Department

M186421

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2014-04372 The People, etc., plaintiff, v Joseph Gentile, defendant. (Ind. No. 2642/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to appeal from an order of the Supreme Court, Queens County, dated March 3, 2014, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that poor person relief and the assignment of counsel is granted with respect to so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) and the motion is otherwise denied; and it is further,

ORDERED that the appeal 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 any hearing held in connection with the order dated March 3, 2014, if any, 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 when counsel serves the appellant's brief on the respondent; and it is further,

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

Seymour James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to perfect the appeal 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 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 order upon the Clerk of the court from which the appeal is taken.

DILLON, J.P., LEVENTHAL, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

07-A-0255

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, N.Y. 12582