Appellate Division: Second Judicial Department

M260942

E/mm

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2016-01114 The People, etc., respondent, v James Moses, appellant. (Ind. No. 1815N/13)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellant to furnish the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Nassau County, rendered January 8, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated May 4, 2017, which granted poor person relief to the appellant is amended to include a provision that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings which occurred on September 28, 2015, and October 5, 2015, in the above-entitled matter, if available, unless those minutes have been previously transcribed and certified (see 22 NYCRR 671.9), and the motion is otherwise denied; 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 retained counsel; and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings which occurred on September 28, 2015, and October 5, 2015, to the appellant's counsel, Robert DiDio, Esq., 80-02 Kew Gardens Road, Suite 307, Kew Gardens, NY 11415, without charge (see CPL 460.70); counsel is directed to turn over those transcripts to the respondent within 30 days of receipt, or, if in possession of those transcripts, within 30 days of the date of this decision and order on motion; and it is further,

ORDERED that on the Court's own motion the respondent's time to serve and file a brief is extended until May 13, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant's retained counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

MASTRO, J.P., DILLON, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court