Appellate Division: Second Judicial Department

M274900

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2018-01439, 2019-00743, 2020-08832 The People, etc., respondent, v Brian Tindley, appellant. (Ind. No. 2105/2016, S.C.I. No. 2139/2017)

DECISION & ORDER ON MOTION

Appeals from two judgments of the Supreme Court, Queens County, both rendered October 5, 2017, and an order of the same court dated October 23, 2020. Motion by the appellant, inter alia, to consolidate the appeals from the judgments with the appeal from the order, and for poor person relief and the assignment of counsel with respect to the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to consolidate the appeals and for poor person relief and the assignment of counsel with respect to the appeal from the order are granted, and the appeals are consolidated; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the appeals 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 nine copies of their respective briefs and to serve one copy on each other; 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 hearing held in connection with the order dated October 23, 2020, 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, who was assigned as counsel to prosecute the appeals from the judgments by decision and order on motion of this Court dated March 28, 2018, as amended by decision and order on motion of this Court dated January 16, 2019, is assigned as counsel to prosecute the appeal from the order dated October 23, 2020:

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 enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules 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 assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court