People v Sanders, Marlon
Motion No: 2010-10767
Slip Opinion No: 2015 NY Slip Op 67395(U)
Decided on March 18, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M187247

T/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2010-10767

The People, etc., respondent,

v Marlon Sanders, appellant.

(Ind. No. 399/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered August 25, 2010, in effect, 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 opposition thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this Court dated December 14, 2010, 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, if they are available, of the proceedings, which occurred on the following dates: November 7, 2007; November 27, 2007; December 18, 2007; January 14, 2008; February 5, 2008; February 19, 2008; April 23, 2008; May 27, 2008; June 16, 2008; July 16, 2008; September 16, 2008; September 24, 2008 (Tap D & JHO-H); October 28, 2008; November 24, 2008; February 2, 2009; March 27, 2009; April 3, 2009; June 1, 2009; June 29, 2009; September 14, 2009; November 9, 2009; 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; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court