Appellate Division: Second Judicial Department

M271343

kbp/

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-03471 The People, etc., respondent, v Michael Price, appellant. (Ind. No. 1157N/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered March 5, 2018. Motion by the appellant to be furnished with the transcripts of the proceedings which occurred on August 29, 2017.

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 July 24, 2018, 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 August 29, 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, Joseph A. Hanshe, PLLC, 116 Greene Avenue, Sayville, New York 11782, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript to 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 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 on the Court's own motion, the respondent's time to serve and file a brief in response to the appellant's brief is extended, and on or before September 15, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court