Appellate Division: Second Judicial Department

M241738

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2015-12472 The People, etc., respondent, v Horatio M. Forrest, appellant. (Ind. No. 1722N/13)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of the proceedings which occurred on November 26, 2014, and May 12, 2015, on an appeal from a judgment of the Supreme Court, Nassau County, rendered November 23, 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 March 4, 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 November 26, 2014, and May 12, 2015, in the above-entitled action; 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, Thomas T. Keating, Esq., 39A Cedar Street, Dobbs Ferry, NY 10522, 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.

BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court