Appellate Division: Second Judicial Department

M200127

E/mv

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-05985 The People, etc., plaintiff, v Eric Witherspoon, defendant. (Ind. No. 1111/08)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated June 9, 2015, as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal from so much of the order as denied that branch of the appellant's motion which was made pursuant to CPL 440.10.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted, and the appeal from so much of the order as denied that branch of the appellant's motion which was made pursuant to CPL 440.10 is dismissed as that portion of the order is not appealable as of right and leave to appeal has not been granted; and it is further,

ORDERED that the appellant's motion is granted to the extent that poor person relief and the assignment of counsel is granted with respect to so much of the order as denied that branch of the defendant's motion which was made pursuant to CPL 440.30(1-a) and the motion is otherwise denied as academic; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated June 9, 2015, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Matthew Muraskin, Esq.

646 Main Street

Port Jefferson, N.Y. 11777

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-1948

Green Haven C.F.

P.O. Box 4000

Stormville, N.Y. 12582