Appellate Division: Second Judicial Department

M268688

kbp/

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY, JJ.

2019-02283 The People, etc., respondent, v Robert Parker, appellant. (Ind. No. 663/17)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with the transcripts of proceedings which occurred on September 27, 2017, and subsequent related proceedings, on an appeal from a judgment of the Supreme Court, Nassau County, rendered March 26, 2018.

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 proceedings which occurred on September 27, 2017, is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated July 8, 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 September 27, 2017, 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, Matthew W. Brissenden, 666 Old Country Road, Suite 501, Garden City, New York 11530, 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 motion is otherwise denied, with leave to renew, upon proper papers specifying the dates of the proceedings for which transcripts are requested.

RIVERA, J.P., BALKIN, LEVENTHAL and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court