Appellate Division: Second Judicial Department

M234730

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-03915, 2016-03916 The People, etc., respondent, v Ryan Hematian, appellant. (Ind. No. 775N/13; S.C.I. No. 1808/15)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 23, 2016, which granted poor person relief and assigned counsel with respect to an appeal from a judgment of the Supreme Court, Nassau County, rendered March 14, 2016, under Ind. No. 775N/13, is amended to reflect that poor person relief and the assignment of counsel is also granted with respect to an appeal from a judgment of the same court also rendered March 14, 2016, under S.C.I. No. 1808/15; and it is further,

ORDERED that within 45 days of the date of this decision and order on motion the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty, and of the imposition of sentence, in the action under S.C.I. No. 1808/15, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's assigned counsel, Thomas J. Butler, Esq., P.O. Box 665, Melville, NY 11747, without charge (see CPL 460.70); and it is further,

ORDERED that on or before November 3, 2017, the appellant shall serve and file a supplemental brief on the appeal from the judgment rendered under S.C. I. No. 1808/15, or shall serve and file a replacement brief on both appeals; assigned counsel is directed to turn over the transcripts to the respondent when counsel serves a supplemental brief or a replacement brief on the respondent; 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 appeals are consolidated.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court