Appellate Division: Second Judicial Department

M202732

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-08549 The People, etc., respondent, v Mark Baez, appellant. (Ind. No. 1634/11)

DECISION & ORDER ON MOTION

Motion by the appellant to be furished with certain transcripts on an appeal from a judgment of the Supreme Court, Queens County, rendered July 19, 2013, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 October 29, 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 which occurred on the following dates in the above-entitled action, under Docket No. 2010QN069780, if they are available: December 2, 2010, December 16, 2010, February 3, 2011, March 17, 2011, April 28, 2011, June 14, 2011, August 4, 2011, and September 15, 2011; as well as the proceedings which occurred on the following dates under Indictment No. 1634/11, if they are available: September 27, 2011, October 19, 2011, December 8, 2011, January 12, 2012, February 22, 2012, March 27, 2012, April 16, 2012, May 2, 2012 (KP6 and TAP A), May 22, 2012, June 19, 2012, and November 1, 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 trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, Lynn W. L. Fahey, Esq., Appellate Advocates, 111 John Street - 9th Floor, New York, NY 10038, 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; 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.

BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court