Appellate Division: Second Judicial Department

M290404

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-02895 The People, etc., respondent, v Marlon Porter, appellant. (Ind. No. 234/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered March 24, 2021. Motion by the appellant's assigned counsel to be furnished with the transcripts of certain proceedings.

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 2, 2022, 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 the County Court, Nassau County, on October 8, 2019, October 24, 2019, December 2, 2019, January 23, 2020, March 5, 2020, April 20, 2020, August 24, 2020, September 21, 2020, October 23, 2020, December 5, 2020, February 25, 2021, and March 22, 2021, 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, Matthew Brissenden, 666 Old Country Road, Suite 501, Garden City, NY 11530, 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 assigned counsel; and it is further,

ORDERED on the Court's own motion, the time to serve and file the respondent's brief is extended, and on or before October 23, 2023, the respondent shall serve the respondent's brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; 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.

BRATHWAITE NELSON, J.P., FORD, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court