Appellate Division: Second Judicial Department

M271897

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-08558, 2019-08563 The People, etc., respondent, v James Payne, appellant. (Ind. Nos. 187N/2019, 997N/2017)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Nassau County, both rendered June 20, 2019. Motion by the appellant pro se, in effect, for summary reversal and to be provided with the transcripts of certain proceedings. Separate motion by the appellant pro se to be provided with the transcripts of certain proceedings and with copies of the original papers constituting the court file.

Upon the papers filed in support of the separate motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is to be provided with the transcripts of certain proceedings and the separate motion for that relief are granted to the extent that the decision and order on motion of this Court dated January 9, 2020, 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 November 20, 2018, December 31, 2018, January 31, 2019, March 13, 1019, March 28, 2019, and May 6, 2019, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file 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 each of the proceedings to the Clerk of this Court, without charge (see CPL 460.70) and the Clerk of this Court, or her designee, shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files a brief or informs this Court that no brief will be filed; the Clerk of this Court, or her designee, shall provide a copy of the transcript to the respondent after the appellant's brief has been filed; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the transcripts 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 Clerk of the Court, or her designee, shall deliver copies of the original papers constituting the court file to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that the Clerk of this Court, or her designee, 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 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.

BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court