Appellate Division: Second Judicial Department

M264758

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2016-09387 The People, etc., respondent, v Rashan A. Hay, appellant. (Ind. No. 9123/14)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of certain proceedings on an appeal from a judgment of the Supreme Court, Kings County, rendered August 10, 2016, 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 motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated November 25, 2016, 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 of the Criminal Court of the City of New York, Kings County, under Docket No. 2014KN082102, which occurred on October 29, 2014, and November 3, 2014, and of the proceedings of the Supreme Court, Kings County, under Indictment No. 9123/14, which occurred on December 18, 2014, February 6, 2015, March 13, 2015, March 27, 2015, May 22, 2015, July 15, 2015, August 18, 2015, September 24, 2015, September 28, 2015, October 9, 2015, October 20, 2015, October 23, 2015, October 29, 2015, December 1, 2015, December 8, 2015, December 15, 2015, January 5, 2016 (Trial Assignment Part, J. Gubbay), January 5, 2016 (Part 21, J. Ingram), January 26, 2016, March 10, 2016, 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, Paul Skip Laisure, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the 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 such transcripts 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 appeal is extended; assigned counsel shall prosecute the appeal 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 appeal is taken.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court