Appellate Division: Second Judicial Department

M278616

E/jr

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2019-06304, 2019-06307, 2021-05729 The People, etc., respondent, v Samantha Vantassell, appellant. (Ind. Nos. 2017-0054, 2018-0142, 2018-0143)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by Samantha Vantassell pursuant to CPL 460.30 for an extension of time to take an appeal from an amended judgment of the County Court, Dutchess County, rendered May 16, 2019, under Indictment No. 2017-0054, for leave to prosecute that appeal as a poor person, for the assignment of counsel with respect to that appeal, and to consolidate that appeal with appeals from two judgments of the same court, both rendered May 16, 2019, under Indictment Nos. 2018-0142 and 2018-0143, respectively. By decisions and orders on motion of this Court dated January 29, 2021, the appellant was granted leave to prosecute the appeals from the judgments rendered under Indictment Nos. 2018-0142 and 2018-0143, as a poor person, and pursuant to County Law § 722 the following named attorney was assigned as counsel to prosecute those appeals:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

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

ORDERED that the motion is granted, the moving papers are deemed to constitute a timely notice of appeal from the amended judgment rendered under Indictment No. 2017-0054, the appellant is granted poor person relief with respect to that appeal, counsel assigned to prosecute the appeals from the judgments rendered under Indictment Nos. 2018-0142 and 2018-0143 is also assigned as counsel to prosecute the appeal from the amended judgment rendered under Indictment No. 2017-0054, and the appeals are consolidated; 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 held in connection with the violation of probation under Indictment No. 2017-0054, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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; 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 the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.

DILLON, J.P., BRATHWAITE NELSON, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court