Appellate Division: Second Judicial Department

M265222

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-11963 The People, etc., respondent, v Rashad Farmer, appellant. (Ind. No. 95/14)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of the proceedings which occurred on November 13, 2014, and November 20, 2014, on an appeal from a judgment of the County Court, Dutchess County, rendered September 17, 2015, or, in the alternative, for a reconstruction hearing as to the minutes of those proceedings.

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 to be furnished with the transcripts of the proceedings which occurred on November 13, 2014, and November 20, 2014, is granted, and the decision and order on motion of this Court dated March 14, 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 which occurred on November 13, 2014, and November 20, 2014, 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, Carol Kahn, 225 Broadway, Suite 1510, New York, New York 10007, 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 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; and it is further,

ORDERED that the branch of the motion which is for a reconstruction hearing as to the minutes of the proceedings which occurred on November 13, 2014, and November 20, 2014, is denied without prejudice to renew in the event that the minutes of those proceedings are unavailable or incomplete.

BALKIN, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court