Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273385

E/sl

WILLIAM F. MASTRO, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-01282 The People, etc., respondent, v Terell Forbes, appellant. (Ind. No. N10067/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered December 19, 2016. Motion by the appellant to be furnished with the transcripts of certain proceedings and to enlarge the judgment roll to include these transcripts.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to be furnished with the transcripts of certain proceedings is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated April 26,,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 in the Criminal Court of the City of New York, Queens County, on November 8, 2014, and of the proceedings which occurred in the Supreme Court, Queens County, on March 20, 2015, May 22, 2015, June 26, 2015, August 3, 2015, October 20, 2015, November 16, 2015, February 9, 2016, October 5, 2016, and November 17, 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 the branch of the motion which is to enlarge the judgment roll to include the above-referenced transcripts is denied as unnecessary as these transcripts are properly part of the record; 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 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 court from which the appeal is taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court