Appellate Division: Second Judicial Department

M267957

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-14424 The People, etc., respondent, v Deatrice Morris Townsend, appellant. (Ind. No. 3018/14)

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, Queens County, rendered March 15, 2018.

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 February 5, 2019, 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 December 12, 2013 (Part APAR3), January 13, 2014 (Part AP6), January 28, 2014 (Part AP6), January 30, 2014 (Part AP6), February 11, 2014 (Part AP6), March 18, 2014 (Part AP6), April 8, 2014 (Part AP6), April 29, 2014 (Part AP6), May 14, 2014 (Part AP6), June 18, 2014 (Part AP6), August 13, 2014 (Part AP6), September 10, 2014 (Part AP6), October 16, 2014 (Part AP6), December 3, 2014 (Part AP6), December 16, 2014 (Part APAR3), December 16, 2014 (Part AP6), December 17, 2014 (Part AP6), January 6, 2015 (Part TAP D), January 12, 2015 (Part TAP D), March 3, 2015 (Part TAP D), March 27, 2015 (Part TAP D), April 13, 2015 (Part TAP D), May 13, 2015 (Part TAP D), June 10, 2015 (Part TAP D), July 29, 2015 (Part TAP D), September 16, 2015 (Part TAP D), October 14, 2015 (Part TAP D), October 28, 2015 (Part TAP D), December 9, 2015 (Part TAP D), January 6, 2016 (Part TAP D), January 22, 2016 (Part TAP D), March 2, 2016 (Part TAP D), April 6, 2016 (Part TAP D), May 4, 2016 (Part TAP D), June 15, 2016 (Part TAP D), July 18, 2016 (Part TAP D), September 14, 2016 (Part TAP D), November 2, 2016 (Part TAP D), December 7, 2016 (Part TAP D), January 25, 2017 (Part TAP D), February 15, 2017 (Part TAP D), March 10, 2017 (Part K 6), March 10, 2017 (Part TAP D), June 20, 2017 (Part K 6), July 19, 2017 (Part K 6), August 23, 2017 (Part K 6), August 29, 2017 (Part K 6), September 20, 2017 (Part K 6), October 10, 2017 (Part K 6), October 25, 2017 (Part K 6), January 10, 2018 (Part TAP D), January 23, 2018 (Part TAP D), January 31, 2018 (Part TAP D), and March 14, 2018 (Part TAP D), 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, Janet Sabel, 199 Water Street, 5th 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.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court