| People v Price, Keith |
| Motion No: 2019-00953 |
| Slip Opinion No: 2020 NY Slip Op 66037(U) |
| Decided on May 8, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M270774
kbp/
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2019-00953 The People, etc., respondent, v Keith Price, appellant. (Ind. No. 1729N/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to compel the appellant to serve and file the transcript of the proceedings which occurred on April 16, 2017, on an appeal from a judgment of the Supreme Court, Nassau County, rendered September 6, 2018, and to extend the time to serve and file a brief.
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 April 11, 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 April 16, 2017, under Docket No. CR-009646-17NA, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings during jury selection 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 order upon the clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings set forth above to the respondent when the transcript is received; and it is further,
ORDERED that the respondent's time to serve and file a brief is extended, and the respondent shall serve and file its brief within 45 days after the receipt of the transcript set forth above, or within 30 days of being notified that the transcript is not available.
BALKIN, J.P., ROMAN, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court