Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274907

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2017-10897, 2017-10898, 2017-10899, 2017-10900 The People, etc., respondent, v Tremaine Devore, appellant. (Ind. Nos. 616/2017, 617/2017, 1797/2014, 1711/2014)

DECISION & ORDER ON MOTION

Appeals from four judgments of the Supreme Court, Nassau County, all rendered June 1, 2017. Motion by the appellant to be provided with the transcripts of the proceedings on May 15, 2015, September 16, 2015, February 24, 2016, February 29, 2016, March 1, 2016, and March 10, 2016, and to extend the time to serve and file a brief.

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 May 16, 2018, 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 15, 2015, September 16, 2015, February 24, 2016, February 29, 2016, March 1, 2016, and March 10, 2016, in the above-entitled matter, under Indictment No. 1711/2014, 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, Warren Landau, 448 West Broadway, Cedarhurst, NY, 11516, 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 appeals are taken; and it is further,

ORDERED that the appellant's time to serve and file a brief is extended, and on or before April 6, 2021, the appellant shall serve a brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court