of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to serve and file a pro se supplemental brief on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered May 14, 2013 (appeal No. 2013-1180 S CR), to vacate an order of this court dated July 13, 2015, which dismissed his appeal from an amended judgment of conviction rendered October 28, 2014 (appeal No. 2015-1341 S CR), for leave to prosecute the latter appeal as a poor person and the assignment of counsel for that appeal, and to consolidate the two appeals.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED, on the court's own motion, that the appeals are consolidated solely for the purpose of disposition of this motion; and it is further,

ORDERED that the branch of appellant's motion seeking leave to serve and file a pro se supplemental brief on the appeal from the judgment of conviction (appeal No. 2013-1180 S CR) is granted and the supplemental brief shall be served and filed within 14 days of the date of this decision and order on motion; and it is further,

ORDERED that respondent shall have seven days from the date that the supplemental brief is due to be filed pursuant to this decision and order on motion in which to serve and file a supplemental respondent's brief; and it is further,

ORDERED that the branch of appellant's motion seeking vacate the order of this court dated July 13, 2015 is granted and appeal No. 2015-1341 S CR is reinstated; and it is further,

ORDERED that the branches of appellant's motion seeking to prosecute appeal No. 2015-1341 S CR as a poor person and the assignment of counsel are granted and GLENN GUCCIARDO, ESQ., located at 256 MAIN STREET, SUITE 206, NORTHPORT, NEW YORK 11768, is assigned pursuant to article 18-B of the County Law; and it is further,

ORDERED, on the court's own motion, that appeal No. 2015-1341 S CR shall be perfected expeditiously; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings giving rise to the amended judgment of conviction, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute appeal No. 2015-1341 S CR; GLENN GUCCIARDO, ESQ., located at 256 MAIN STREET, SUITE 206, NORTHPORT, NEW YORK 11768; and it is further,

ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the branch of appellant's motion seeking to consolidate the two appeals is denied.

ENTER:

Paul Kenny

Chief Clerk