Appellate Division: Second Judicial Department

M239755

E/afa

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-06839 The People, etc., respondent, v Stephon McKinnon, appellant. (Ind. No. 2782/13)

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 June 7, 2016.

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 September 14, 2016, 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 action pending in the Criminal Court of the City of New York, Queens County, under Docket No. 2013 QN 016321, if they are available: March 25, 2013, April 8, 2013, April 24, 2013, May 22, 2013, June 12, 2013, July 17, 2013, September 18, 2013, October 16, 2013, October 25, 2013, October 29, 2013, October 30, 2013 (AP-6), and October 30, 2013 (AR/3); and of the proceedings which occurred on the following dates in the action pending in the Supreme Court, Queens County, under Indictment No. 2782/13, if they are available: November 13, 2013, January 31, 2014, March 6, 2014, March 11, 2014 (TAP A), March 11, 2014 (K-6), April 9, 2014, May 20, 2014, June 18, 2014, July 9, 2014, August 4, 2014, September 17, 2014, October 15, 2014, January 13, 2015, February 5, 2015, April 20, 2015, April 28, 2015, May 12, 2015, June 9, 2015, July 14, 2015, August 3, 2015, September 15, 2015, October 13, 2015, December 1, 2015, January 11, 2016, February 23, 2016, March 22, 2016, and April 25, 2016; and it is further,

ORDERED that the stenographers are 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 Criminal Court of the City of New York, Queens County, and the clerk of the Supreme Court, Queens County, respectively, shall furnish one certified transcript of each of the proceedings to the appellant's counsel, Paul Skip Laisure, 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 Criminal Court of the City of New York, Queens County, and a copy of this decision and order on motion upon the clerk of the Supreme Court, Queens County; 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.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court