Appellate Division: Second Judicial Department

M261094

E/mm

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-04118, 2016-04485 The People, etc., respondent, v Diquan Booker, appellant. (Ind. Nos. 1131N/14, 1085N/14)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of certain proceedings on appeals from a judgment of the Supreme Court, Nassau County, rendered April 13, 2016, and an order of the same court dated April 13, 2016.

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 decisions and orders on motion of this Court dated July 25, 2018, and December 21, 2018, which granted poor person relief to the appellant, are 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 September 22, 2015, November 18, 2015, November 25, 2015, December 21, 2015, and January 11, 2016, in the above-entitled matters, if available; and it is further,

ORDERED that the stenographer of the trial court is directed to certify and file two copies of 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 the subject proceedings to the appellant's assigned counsel, Jillian S. Harrington, P.O. Box 131621, Staten Island, NY 10313, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript 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 such transcript 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 the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.

BALKIN, J.P., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court