Appellate Division: Second Judicial Department

M273799

AFA/

ALAN D. SCHEINKMAN, P.J.

JOSEPH J. MALTESE

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2017-02582 The People, etc., respondent, v Edward Brooks, appellant. (Ind. No. 1229/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Nassau, Queens County, rendered February 7, 2017. 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 application of this Court dated May 1, 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 May 2, 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 counsel, Patrick Michael Megaro, 626 RXR Plaza, 6th Floor, West Tower, Uniondale, New York 11556, 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.

SCHEINKMAN, P.J., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court