Appellate Division: Second Judicial Department

M232928

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2015-06138 The People, etc., respondent, v Tesfa Connell, appellant. (Ind. No. 2762/13)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 2015.

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 December 11, 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 the following dates in the above-entitled action, in the Criminal Court of the City of New York, Kings County, if they are available: November 29, 2012, December 3, 2012 (APAR1/3), December 3, 2012 (AP1F); and the following dates in the above-entitled action, in the Supreme Court, Kings County, if they are available: January 30, 2013, March 20, 2013, April 22, 2013, May 13, 2013, June 3, 2013, August 15, 2013, August 28, 2013, October 3, 2013, October 9, 2013, October 28, 2013, November 21, 2013, November 22, 2013, December 17, 2013, January 29, 2014, February 5, 2014, February 27, 2014, March 26, 2014, April 9, 2014, May 14, 2014, May 21, 2014, June 24, 2014, July 30, 2014, August 27, 2014, October 1, 2014, November 12, 2014, December 10, 2014, December 22, 2014, January 6, 2015, February 4, 2015, March 30, 2015 (Part 14), March 30, 2015 (Part 24), April 15, 2015, and April 20, 2015; 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.

CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court