Appellate Division: Second Judicial Department

M195187

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2012-09942 The People, etc., respondent, v Kevin Phillip, appellant. (Ind. No. 1912/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 24, 2012, to be furnished with the transcripts of certain proceedings and to enlarge the judgment roll to include certain motion papers, orders, and correspondence. Separate motion by the appellant pro se to hold the appeal in abeyance pending determination of his motion pursuant to CPL 440.

Upon the papers filed in support of the motion, inter alia, to enlarge the judgment roll and the papers filed in relation thereto, and upon the papers filed in support of the motion to hold the appeal in abeyance and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll to include certain motion papers, orders, and correspondence is denied as unnecessary as these documents are already part of the record; and it is further,

ORDERED that the branch of the motion which is to be furnished with the transcripts of certain proceedings is granted, the decision and order on motion of this Court dated January 23, 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 June 6, 2012, June 12, 2012, and June 20, 2012; 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 Supreme Court, Queens County, shall deliver the transcripts to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief and the waiver of the right to appellate counsel are to be filed; the transcripts shall be returned to this Court when the appellant files his appellate brief; 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 Clerk of the Court, or her designee, shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion to hold the appeal in abeyance is denied.

LEVENTHAL, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court