Appellate Division: Second Judicial Department

M187650

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2012-08651, 2014-06889 The People, etc., respondent, v Liyao Chen, appellant. (Ind. No. 10278/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 24, 2012, and an execution of sentence dated May 15, 2014, for leave to dispense with printing and for a copy of the typewritten transcripts of the stenographic minutes, without charge. By order to show cause dated December 29, 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 execution of sentence on the ground that no appeal lies from an execution of sentence, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the execution of sentence is granted and the appeal from the execution of sentence is dismissed (see People v Crawford, 239 AD2d 514); and it is further,

ORDERED that the appellant's motion is granted to the extent that leave to dispense with printing and for a copy of the typewritten transcripts of the stenographic minutes, without charge, is granted with respect to the appeal from the judgment and denied as academic with respect to the appeal from the execution of sentence; 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, if any, 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, Andrea G. Hirsch, 111 Broadway, Suite 1305, New York, N.Y. 10006, without charge (see CPL 460.70); 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 the appellant's 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 the appellant's counsel, Andrea G. Hirsch, 111 Broadway, Suite 1305, New York, N.Y. 10006, with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated 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 the appellant's 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 the appellant's 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 the appellant's counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the Supreme Court, Kings County; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged. The appellant shall prosecute that appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

LEVENTHAL, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court