Appellate Division: Second Judicial Department

M256119

E/mm

SHERI S. ROMAN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2009-11581 The People, etc., respondent, v Alpha Omar Bah, appellant. (Ind. No. 171/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Richmond County, rendered November 19, 2009, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal for failure to prosecute. By order to show cause dated March 14, 2018, the appellant's motion was granted to the extent that counsel was assigned to respond to the respondent's motion, the appellant's motion was otherwise held in abeyance in the interim, and the respondent's motion was held in abeyance in the interim.

Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that portion of the appellant's motion which was previously held in abeyance is granted and the respondent's motion is denied, the appeal is restored to active status, and the appellant is granted poor person relief and the assignment of counsel with respect to the appeal; and it is further,

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

Paul Skip Laisure

Appellate Advocates

111 John Street, 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appeal 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, or the trial court's designee if that stenographer is no longer available, is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified and provided to the appellant's assigned counsel; the Clerk of the trial court shall furnish one certified transcript of each of the proceedings not previously provided to the appellant's counsel, without charge (see CPL 460.70); and it is further,

ORDERED that the appellant's assigned counsel is directed to turn over the transcripts of the proceedings to the respondent when counsel serves the appellant's brief on the respondent; 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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to the respondent's motion, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; 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 or her representative access to the record for the purpose of responding to the respondent's motion; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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; 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.

ROMAN, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court