Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275406

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2018-14100 The People, etc., respondent, v Jermika Depas, appellant. (Ind. No. 2018-00020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Rockland County, rendered October 30, 2018. Motion by the appellant pro se to be provided with the transcripts of "pretrial proceedings" to aid in the preparation of a supplemental 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 to the extent 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 on July 25, 2018, if available, and the motion is otherwise denied; and it is further,

ORDERED that the stenographer of the trial court is directed to certify and file two copies of such transcript 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 Clerk of the Court; the Clerk of this Court, or her designee, shall deliver that transcript to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; 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 and furnish said transcript to the Clerk of the Court; and it is further,

ORDERED that the appellant's 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court