Appellate Division: Second Judicial Department

M273132

E/sl

ALAN D. SCHEINKMAN, P.J.

JOHN M. LEVENTHAL

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2019-01848 The People, etc., respondent, v Jason Kroll, appellant. (Ind. No. 162N-2017)

DECISION & ORDER ON MOTION

Appeal by Jason Kroll from a judgment of the Supreme Court, Nassau County, rendered January 23, 2019. Motion by the respondent to direct the appellant to provide the transcripts of certain proceedings, to be provided with a copy of the presentence report, and to extend the time to serve and file a brief. Cross motion by the appellant to be furnished with the transcript of certain proceedings.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in relation thereto, it is

ORDERED that the cross motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated March 14, 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 between September 8, 2016, and April 24, 2018, and between October 1, 2018, and January 23, 2019, in the above-entitled matter, if any; 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, Thomas R. Villecco, 366 North Broadway, Suite 410, Jericho, NY 11753, 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; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to provide the transcripts of certain proceedings is denied as academic in light of the relief granted on the cross motion; and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the presentence report is denied as academic as the respondent has been provided with a copy of the presentence report; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before December 7, 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.

SCHEINKMAN, P.J., LEVENTHAL, MILLER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court