Appellate Division: Second Judicial Department

M267372

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-05397 The People, etc., respondent, v Laquan Rose, appellant. (Ind. No. 2979/16)

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 February 9, 2018, 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 June 12, 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 in the Criminal Court of the City of New York, Kings County, on April 4, 2016 (Part APAR1), April 8, 2016 (Part APAR3), April 8, 2016 (Part AP1F), and in the Supreme Court, Kings County, on May 18, 2016 (Part GP29), June 29, 2016 (Part GP29), July 20, 2016 (Part GP29), September 14, 2016 (Part GP29), November 2, 2016 (Part GP29), November 16, 2016 (Part GP29), November 29, 2016 (Part GP29), December 14, 2016 (Part GP29), January 18, 2017 (Part GP29), February 1, 2017 (Part GP29), February 1, 2017 (Part 7), February 22, 2017 (Part GP29), April 5, 2017 (Part GP29), April 12, 2017 (Part GP29), May 10, 2017 (Part GP29), May 24, 2017 (Part GP29), May 24, 2017 (Part 12), June 28, 2017 (Part GP29), July 12, 2017 (Part GP29), August 2, 2017 (Part GP29), August 9, 2017 (Part GP29), August 10, 2017 (Part GP29), August 14, 2017 (Part GP29), September 13, 2017 (Part GP29), September 27, 2017 (Part GP29), November 1, 2017 (Part GP29), November 29, 2017 (Part GP29), November 29, 2017 (Part 28), November 30, 2017 (Part 28), and January 3, 2018 (Part GP29), 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, 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 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 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 1250.9) and written directions.

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court