Appellate Division: Second Judicial Department

M191836

E/ct

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2012-11428 The People, etc., respondent, v Winston Cowell, appellant. (Ind. No. 2243/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the transcripts of certain proceedings to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 12, 2012.

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 the decision and order on motion of this Court dated February 27, 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 proceedings, if they are available, which occurred in the Supreme Court, Queens County, on the following dates: September 25, 2009, October 9, 2009, October 15, 2009, December 10, 2009, March 2, 2010, October 21, 2010, January 28, 2011, February 7, 2011, March 10, 2011, April 11, 2011, May 6, 2011, June 20, 2011, June 22, 2011, July 7, 2011, August 4, 2011, August 9, 2011, August 24, 2011, August 30, 2011, September 14, 2011, September 20, 2011, September 23, 2011, September 26, 2011, September 29, 2011, and October 6, 2011; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes, if available, within 45 days of the date of this decision and order on motion, and the clerk of the trial court is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of the Court, or her designee, 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, and shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file the supplemental brief is enlarged, and upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

LEVENTHAL, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court