Appellate Division: Second Judicial Department

M207828

E/ct

RANDALL T. ENG, P.J.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2013-03837, 2013-04714 The People, etc., respondent, v Pedro J. Martinez, appellant. (Ind. No. 1257/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the transcripts of certain proceedings on appeals from a judgment of the Supreme Court, Queens County, rendered March 27, 2013, and a resentence of the same court, imposed April 2, 2013, and to enlarge the time to perfect the appeals.

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 5, 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 in the Criminal Court of the City of New York, Queens County, which occurred on the following dates in the above-entitled action, if they are available: January 18, 2011, February 1, 2011, March 2, 2011, April 13, 2011, May 11, 2011, and May 25, 2011; and it is further,

ORDERED that the decision and order on motion of this Court dated January 5, 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 in the Supreme Court, Queens County, which occurred on the following dates in the above-entitled action, if they are available: June 8, 2011, July 13, 2011, August 11, 2011, September 8, 2011, October 3, 2011, November 7, 2011, December 5, 2011, December 12, 2011, February 1, 2012, March 7, 2012, April 10, 2012, April 23, 2012, April 30, 2012, May 14, 2012, May 29, 2012, June 27, 2012, October 2, 2012, October 23, 2012, November 14, 2012, January 7, 2013, January 14, 2013, January 17, 2013, and January 22, 2013; 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, N.Y. 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 appeals are taken; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged, and the appellant's counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ENG, P.J., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court