Supreme Court of the State of New York, Appellate Division : Second Judicial Department

June 3, 2026

2025-15438, 6244/2009

Hector D. Lasalle, P.J.

Mark C. Dillon

Colleen D. Duffy

Betsy Barros

Francesca E. Connolly, JJ.

[*1]

DECISION & ORDER ON MOTION Assignment of Counsel

Appeal by Terrance Villanueva from an order of the Supreme Court, Kings County, dated November 18, 2025, issued pursuant to CPL 440.47. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Melanie Hammer, dated May 3, 2026, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Melanie Hammer

360 Court Street, Suite 3

Brooklyn, NY 11231

and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; and it is further,

ORDERED that assigned counsel for the appellant and the respondent are directed to enter their initial information for electronic filing in the New York State Courts Electronic Filing System (NYSCEF) pursuant to section 1245.3 of the Electronic Filing Rules of the Appellate Division; thereafter all filings by counsel shall comply with the rules for electronic filing and service (see 22 NYCRR 1245.5); and it is further,

ORDERED that the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (see 22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated November 18, 2025, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that 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; 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

11-A-3979

Attica Correctional Facility

639 Exchange St

Attica, NY 14011-0149