Appellate Division: Second Judicial Department

M259224

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-04400 The People, etc., respondent, v Malik Peters, appellant. (Ind. No. 8885/15)

DECISION & ORDER ON MOTION

Motion by the appellant for poor person relief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 27, 2018, to be provided with two certified transcripts of the proceedings, to be provided with the pre-sentence report, to unseal the file, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto; it is

ORDERED that the branches of the motion which are for poor person relief, to be provided with the pre-sentence report, and to extend the time to perfect the appeal are granted; 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 an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (see 22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (see 22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, 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 (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; 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, Lawrence P. LsBrew, 160 Broadway, Floor 6, Suite 600, New York, NY 10038, without charge (see CPL 460.70); 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 minutes for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for the appellant's counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide the appellant's counsel with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report and to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if the appellant's counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the appellant's counsel is directed to serve a copy of this order 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; the appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules and written directions; and it is further,

ORDERED that the branch of the motion which is to be provided with two certified transcripts of the proceedings is granted to the extent that the appellant shall be provided with one certified transcript of the proceedings as set forth above; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court