| People v Owens, Tony |
| Motion No: 2013-08752 |
| Slip Opinion No: 2015 NY Slip Op 67874(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M189435
T/ct
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08752 The People, etc., respondent, v Tony Owens, appellant. (Ind. No. 1180/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered August 28, 2013, to enlarge the judgment roll to include the transcripts of certain proceedings.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this Court dated November 13, 2013, 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 in the above-entitled action, if they are available: August 28, 2012; November 17, 2012; November 27, 2012; October 26, 2012; November 5, 2012; November 19, 2012; November 27, 2012; December 17, 2012; January 2, 2013 (Part K6); January 2, 2013 (Tap A); January 30, 2013; February 20, 2013; February 27, 2013; March 7, 2013; March 21, 2013; April 2, 2013; May 6, 2013; May 20, 2013; May 21, 2013; May 22, 2013; May 23, 2013; May 28, 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.
DILLON, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court