Appellate Division: Second Judicial Department

M237014

E/afa

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-06418, 2016-02239 The People, etc., respondent, v Shawn Lawrence, appellant. (Ind. No. 1095-12)

DECISION & ORDER ON MOTION

Motion by the appellant for poor person relief and the assignment of counsel with respect to an appeal from a resentence of the County Court, Suffolk County, imposed February 22, 2016, to consolidate that appeal with an appeal from a judgment of the same court rendered July 2, 2015, and for leave to serve and file a supplemental brief raising issues regarding the appeal from the resentence.

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

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel with respect to the appeal from the resentence is granted; and it is further,

ORDERED that the appeal from the resentence will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of the imposition of resentence in this action, 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 counsel, 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 minutes 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 upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's resentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the resentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the resentence :

Laura Solinger, Esq.

51020 Main Road

Southold, NY 11971

and it is further,

ORDERED that the appellant's time to perfect the appeal from the resentence 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; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 of the County Court, Suffolk County; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court