Appellate Division: Second Judicial Department

M276033

AFA/

REINALDO E. RIVERA, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-01972 The People, etc., respondent, v Evan Person, appellant. (Ind. No. 1977/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered January 27 2020. 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 April 29, 2020, 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 April 23, 2014, June 18, 2014, July 16, 2014, August 20, 2014, October 8, 2014, October 24, 2014, November 14, 2014, December 12, 2014, January 30, 2015, March 6, 2015, March 27, 2015, April 10, 2015, May 15, 2015, June 2, 2015, June 12, 2015, July 7, 2015, September 8, 2015, October 21, 2015, November 2, 2015, November 10, 2015, November 16, 2015, November 18, 2015, November 30, 2015, January 28, 2016, February 22, 2016, March 22, 2016, April 26, 2016, May 4, 2016, May 19, 2016, June 13, 2016, June 22, 2016, July 6, 2016, August 3, 2016, September 28, 2016, November 14, 2016, November 29, 2016, January 9, 2017, January 17, 2017, February 15, 2017, April 3, 2017, May 8, 2017, June 26, 2017, July 17, 2017, September 7, 2017, September 12, 2017, December 5, 2017, January 9, 2018, January 31, 2018, March 6, 2018, March 27, 2018, April 18, 2018, May 15, 2018, May 17, 2018, June 5, 2018, June 18, 2018, July 2, 2018, and July 11, 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.

RIVERA, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court