Appellate Division: Second Judicial Department

M191879

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2013-06421 The People, etc., respondent, v Jose Mandes, appellant. (Ind. No. 1510/13)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2013, and to enlarge the time to perfect the appeal.

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 it is further,

ORDERED that the decision and order on motion of this Court dated September 25, 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, if they are available, of the proceedings which occurred on the following dates: September 1, 2011, October 18, 2011, November 18, 2011, January 20, 2012, February 10, 2012, March 29, 2012, April 19, 2012, May 8, 2012, May 22, 2012, June 27, 2012, September 7, 2012, October 1, 2012, October 17, 2012, October 31, 2012, November 14, 2012, January 7, 2013, January 23, 2013, February 13, 2013, February 19, 2013, March 5, 2013, April 8, 2013, May 7, 2013, and May 13, 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 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 the appellant's 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., DICKERSON, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court