People v Adams, Alexander
Motion No: 2014-08757
Slip Opinion No: 2016 NY Slip Op 60634(U)
Decided on January 8, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M204414

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2014-08757

The People, etc., respondent,

v Alexander Adams, appellant.

(Ind. No. 14-00040)

DECISION & ORDER ON MOTION

Motion by the appellant enlarge the judgment roll to include the transcript of the proceedings which occurred on October 10, 2013, under Indictment No. 13-220, on an appeal from a judgment of the County Court, Orange County, rendered September 8, 2014, under indictment No. 14-00040.

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 January 20, 2015, 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 October 10, 2013, under Indictment No. 13-220; 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 the proceedings to the appellant's counsel, Alex Smith, Esq., 6 North Street, Middletown, NY 10940, 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, and the appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ENG, P.J., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court