Appellate Division: Second Judicial Department

M237786

E/ct

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2015-01508 The People, etc., respondent, v Sean Hernandez, appellant. (Ind. No. 1700/12)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Queens County, rendered February 18, 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 October 20, 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 Supreme Court, Kings County, if they are available: August 23, 2012, November 8, 2012, November 19, 2012, November 27, 2012, December 18, 2012, January 2, 2013, January 8, 2013, January 15, 2013, March 19, 2013, April 3, 2013, April 25, 2013, May 22, 2013, June 13, 2013, June 24, 2013, July 11, 2013, September 18, 2013, October 23, 2013, December 3, 2013, January 9, 2014, January 27, 2014, March 6, 2014, June 5, 2014, July 28, 2014, September 17, 2014, October 2, 2014, and October 8, 2014; 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, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court