Appellate Division: Second Judicial Department

M274593

E/sl

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-07006 The People, etc., respondent, v Sherwin R. Benn, appellant. (Ind. No. 2168/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered May 9, 2018. Motion by the appellant to be furnished with the transcripts of certain proceedings and to extend the time to perfect the appeal.

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 motion of this Court dated February 21, 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 in Criminal Court, Queens County, on September 23, 2016, September 28, 2016, October 3, 2016 (APAR3) and October 3, 2016 (AP6) and in the Supreme Court, Queens County, on October 17, 2016, January 9, 2017, January 25, 2017 (K6), January 25, 2017 (TAP A), February 27, 2017, May 22, 2017, February 27, 2018, and March 19, 2018, 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, 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 appellant's time to perfect the appeal is extended; assigned 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 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.

AUSTIN, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court