Appellate Division: Second Judicial Department

M262707

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-03540, 2019-04753 The People, etc., respondent, v Tialihia Rivera, appellant. (S.C.I. No. 14-00240S; Ind. No. 15-00328)

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

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered March 6, 2018, under Indictment No. 15-00328, for poor person relief and the assignment of counsel with respect to that appeal, and to consolidate that appeal with an appeal from an amended judgment of the same court also dated March 6, 2018, under S.C.I. No. 14-00240S. By decision and order on motion of this Court dated June 14, 2018, the appellant was granted poor person relief and by decision and order on motion dated August 7, 2018, the following named attorney was assigned as counsel with respect to the appeal from the amended judgment:

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

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

ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is denied as unnecessary as a timely notice of appeal was filed with respect to the judgment; and it is further,

ORDERED the branches of the motion which are for poor person relief and the assignment of counsel with respect to the appeal from the judgment, and to consolidate the appeals is granted, and pursuant to County Law § 722 counsel assigned to prosecute the appeal from the amended judgment is also assigned to prosecute the appeal from the judgment; and it is further,

ORDERED that the appeals 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 (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 the appeals to be filed with the Clerk of this Court (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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, under Indictment No. 15-00328, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9), the Clerk of the trial court shall furnish one certified transcript of each of those proceedings to the appellant's counsel, without charge (see CPL 460.70), and assigned counsel shall turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 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 1250.9) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court