Appellate Division: Second Judicial Department

M269133

kbp/

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-06274 The People, etc., respondent, v Ramon Santiago, appellant. (S.C.I. No. 8887/89)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated April 23, 2019, as a poor person, and for the assignment of counsel. By order to show cause dated November 22, 2019, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal from so much of the order as denied relief pursuant to CPL 440 on the ground that this portion of the order is not appealable as of right and leave to appeal has not been granted, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from so much of the order dated April 23, 2019, as denied relief pursuant to CPL 440 is granted; and it is further,

ORDERED that the appellant's motion is granted to the extent that poor person relief and the assignment of counsel are granted with respect to the appeal from the remainder of the order dated April 23, 2019, and the appellant's motion is otherwise denied as academic; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated April 23, 2019, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal with respect to the remainder of the order dated April 23, 2019, which does not deny relief pursuant to CPL 440:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

CHAMBERS, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court