Appellate Division: Second Judicial Department

M264387

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-03747 The People, etc., respondent, v William C. Bussey, appellant. (Ind. No. 1542/17)

DECISION & ORDER ON MOTION

Motion by the respondent to be furnished with the transcripts of the proceedings which occurred on September 29, 2017, on an appeal from a judgment of the Supreme Court, Nassau County, rendered February 16, 2018. Separate motion by the appellant pro se for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions and the application are granted; and it is further,

ORDERED that the decision and order on motion of this Court dated July 13, 2018, which granted poor person relief to the appellant, is 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 29, 2017, in the above-entitled matter, 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 counsel, Judah Maltz, 125-10 Queens Blvd., Suite 12, Kew Gardens, NY 11415, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript to 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 application is granted, the respondent's time to serve and file a brief is extended until September 30, 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 pro se motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file an original and five hard copies of the supplemental brief and serve one copy on the District Attorney.

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court