Appellate Division: Second Judicial Department

M270734

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-09191 The People, etc., respondent, v Peter R. Maglia, appellant. (Ind. No. 79N/18)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered June 21, 2019, upon a plea of guilty, as a poor person. The appellant was granted leave to prosecute the appeal pro se by decision and order on motion of this Court dated January 8, 2020.

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 appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][I]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the clerk of the trial court shall file one certified transcript of each of the proceedings set forth with the Clerk of this Court, without charge (see CPL 460.70); the Clerk of this Court shall deliver the transcript to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files a brief; the Clerk of the Court shall provide a copy of the transcript to the respondent after the appellant's brief has been filed; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant 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 the Clerk of the Court shall serve a copy of this order upon the clerk of the court from which the appeal is taken.

MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court