Appellate Division: Second Judicial Department

M278141

AFA/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2019-04439 The People, etc., respondent, v Shamecca Gittens, appellant. (Ind. No. 5554/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 3, 2019. 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 May 3, 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 January 8, 2018, February 5, 2018, February 26, 2018, March 27, 2018, April 17, 2018, May 9, 2018, May 10, 2018, May 15, 2018, July 16, 2018, August 28, 2018, September 12, 2018, September 26, 2018, October 4, 2018, and October 29, 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 copy of the transcripts 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 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 such transcripts 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., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court