Appellate Division: Second Judicial Department

M259064

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2017-10810 The People, etc., respondent, v Leroy Dorsey, appellant. (Ind. No. 3461/96)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated July 31, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated July 26, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order dated July 31, 2017, as denied relief pursuant to CPL 440.10 and 440.20, the motion was held in abeyance in the interim, and counsel was assigned to respond to the order to show cause. By decision and order on motion of this Court dated September 20, 2018, counsel assigned to respond to the order to show cause was relieved and new counsel was assigned.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal from so much of the order dated July 31, 2017, as denied relief pursuant to CPL 440.10 and 440.20 is granted; and it is further,

ORDERED that the appellant's motion is granted to the extent that poor person relief and the assignment of counsel are granted with respect to the remainder of the order dated July 31, 2017, which does not deny relief pursuant to CPL 440.10 and 440.20, and the appellant's motion is otherwise denied as academic; 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 is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated November 9, 2017, if any, 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal with respect to the remainder of the order dated July 31, 2017, which does not deny relief pursuant to CPL 440.10 and 440.20:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 1250.9) 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 order upon the Clerk of the Supreme Court, Kings County.

MASTRO, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court