Appellate Division: Second Judicial Department

M273059

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-10031 The People, etc., respondent, v Antonio Olmeda, appellant. (Ind. No. 2003/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered July 26, 2016. 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 November 16, 2017, 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 January 13, 2012, February 8, 2012, March 21, 2012, April 18, 2012, May 22, 2012, June 18, 2012, July 25, 2012, August 24, 2012, September 24, 2012, October 5, 2012, November 8, 2012, November 26, 2012, November 27, 2012, December 13, 2012, December 19, 2012, January 30, 2013, February 20, 2013, March 26, 2013, April 18, 2013, May 8, 2013, June 26, 2013, August 14, 2013, October 2, 2013, November 15, 2013, December 10, 2013, January 16, 2014, February 20, 2014, March 7, 2014, March 10, 2014, April 3, 2014, April 4, 2014, April 10, 2014, April 29, 2014, May 20, 2014, June 10, 2014, July 14, 2014, August 7, 2014, September 10, 2014, October 20, 2014, December 2, 2014, January 9, 2015, January 30, 2015, March 3, 2015, March 13, 2015, April 17, 2015, May 20, 2015, September 10, 2015, September 18, 2015, October 23, 2015, December 11, 2015, and January 28, 2016, 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 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 transcript 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 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.

MASTRO, J.P., CHAMBERS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court