Appellate Division: Second Judicial Department

M266858

kbp/

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-10216 The People, etc., respondent, v Andre Brown, appellant. (Ind. No. 7250/13)

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 September 7, 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 22, 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 in the Criminal Court of the City of New York, Kings County, on July 5, 2013 (Part AP1/3), July 9, 2013 (Part AP3), and July 9, 2013 (Part AP-1F), and in the Supreme Court of the State of New York, Kings County, on August 28, 2013 (Part 40), October 10, 2013 (Part 40), November 18, 2013 (Part 40), March 4, 2014 (Part 40), April 10, 2014 (Part 40), May 28, 2014 (Part 40), June 11, 2014 (Part 40), July 17, 2014 (Part 40), September 10, 2014 (Part 40), October 16, 2014 (Part 40), December 3, 2014 (Part 40), January 6, 2015 (Part 40), February 25, 2015 (Part 14), February 25, 2015 (Part 40), March 19, 2015 (Part 14), March 20, 2015 (Part 14), May 11, 2015 (Part 14), May 18, 2015 (Part 14), June 8, 2015 (Part 14), July 27, 2015 (Part 14), August 11, 2015 (Part 14), October 6, 2015 (Part 14), November 16, 2015 (Part 14), and December 21, 2015 (Part 14), 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 assigned 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 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.

ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court