Appellate Division: Second Judicial Department

M279642

AFA/

REINALDO E. RIVERA, J.P.

ANGELA G. IANNACCI

WILLIAM G. FORD

DEBORAH A. DOWLING, JJ.

2018-15166 The People, etc., respondent, v Almalik Keller, appellant. (Ind. No. 647/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered December 3, 2018. Motion by the respondent, in effect, to be provided with the transcripts of the proceedings which occurred on July 9, 2018. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the decision and order on motion of this Court dated July 26, 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 in Supreme Court, Richmond County, on July 9, 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 assigned counsel, Carol E. Castillo, P.O. Box 146, East Setauket, NY 11733, without charge (see CPL 460.70); assigned counsel shall provide the transcript to 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 counsel; 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; and it is further,

ORDERED that on or before December 30, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

RIVERA, J.P., IANNACCI, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court