Appellate Division: Second Judicial Department

M274009

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-04424, 2020-08367 The People, etc., respondent, v Ali Abbas, appellant. (Ind. Nos. 683/2015, 5891/2017)

DECISION & ORDER ON MOTION Poor Person Relief and Assignment of Counsel

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 19, 2019, which granted the appellant's motion pursuant to CPL 460.30 and granted an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2018, upon a plea of guilty, under Ind. No. 683/2015, is amended to reflect that an extension of time to take an appeal is also granted as to a judgment of the Supreme Court, Kings County, rendered May 14, 2018, upon a plea of guilty, under Ind. No. 5891/2017; and it is further,

ORDERED that the decision and order on motion of this Court dated October 16, 2019, which granted the appellant's motion for poor person relief and the assignment of counsel and granted poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered May 14, 2018, under Ind. No. 683/2015, is amended to reflect that poor person relief and the assignment of counsel are also granted with respect to the appeal from the judgment rendered May 14, 2018, under Ind. No. 5891/2017; 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 with respect to the proceedings under Ind. No. 5891/2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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, without charge (see CPL 460.70); assigned 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 assigned counsel; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the judgment rendered May 14, 2018, under Ind. No. 5891/2017:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) 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 appeals are taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court