Appellate Division: Second Judicial Department

M271682

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-04863 The People, etc., respondent, v Pedro E. Areco, appellant. (Ind. No. 3167/2012)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered October 30, 2014. Motion by the appellant to be furnished with the transcripts of certain proceedings.

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 28, 2016, 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 in the Criminal Court of the City of New York, Queens County, under Docket Nos. 2012QN040654, 2012QN040657, and 2012QN040658 on July 29, 2012, August 8, 2012, August 17, 2012, October 1, 2012, November 19, 2012, December 3, 2012, December 17, 2012, and January 8, 2013, and the stenographic minutes of the proceedings which occurred in the Supreme Court, Queens County, under Indictment No. 3167/2012 on January 22, 2013, January 29, 2013, April 3, 2013, May 7, 2013, June 3, 2013, June 26, 2013, July 15, 2013, July 30, 2013, September 18, 2013, October 8, 2013, December 17, 2013, January 22, 2014, February 7, 2014, March 6, 2014, April 4, 2014, April 11, 2014, April 17, 2014, May 1, 2014, May 22, 2014, May 30, 2014, June 12, 2014, July 22, 2014, and October 23, 2014, 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 assigned counsel, Paul Skip Laisure, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcripts 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 enlarged; 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 Criminal Court of the City of New York, Queens County, and the clerk of the Supreme Court, Queens County.

CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court