Appellate Division: Second Judicial Department

M273683

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-04861, 2020-04862, 2020-04863 The People, etc., respondent, v Lin Li, appellant. (Index No. 2374/2016)

DECISION & ORDER ON MOTION Motion for Poor Person Relief

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 19, 2020, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from an order of the Supreme Court, Kings County, dated January 10, 2019, a purported judgment of the same court rendered June 4, 2019, and a judgment of the same court rendered February 26, 2020, following a trial. By order to show cause dated August 20, 2020, the parties were directed to show cause before this Court why the appeals from the order dated January 10, 2019, and the purported judgment rendered June 4, 2019, should or should not be dismissed on the ground that the order is neither appealable as of right nor by permission, and no judgment was rendered in the above-entitled action on June 4, 2019. Motion by the appellant for leave to prosecute the appeals as a poor person.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals from the order dated January 10, 2019, and the purported judgment rendered June 4, 2019, is granted and those appeals are dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeal from the judgment rendered February 26, 2020, as a poor person is granted and the appellant's motion is otherwise denied as academic; and it is further,

ORDERED that the appeal from the judgment rendered February 26, 2020, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is

directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, Wang Law Office, PLLC, 36-25 Main St., 3rd Fl., Flushing, NY 11354, without charge (see CPL 460.70); appellant's counsel is directed to turn over those 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 any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for appellant's counsel; and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide appellant's counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if appellant's counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment rendered February 26, 2020, is extended; appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing appellant's counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Kings County.

BALKIN, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court