| People v Rogers, Everett |
| Motion No: 2021-01829 |
| Slip Opinion No: 2022 NY Slip Op 72352(U) |
| Decided on September 28, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M285163
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2021-01829 The People, etc., respondent, v Everett Rogers, appellant. (Ind. No. 6122/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Westchester County, rendered November 4, 2020. Motion by the appellant to be furnished with the transcripts of proceedings which occurred on October 21, 2020, in the above-entitled matter.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 5, 2021, 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 County Court, Westchester County, on October 21, 2020, 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, Adam Seiden, 9 West Prospect Avenue, Mount Vernon, NY 10550, 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 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 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.
CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court