Appellate Division: Second Judicial Department

M291212

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2018-05323 The People, etc., respondent, v Rahkeem S. (Anonymous), appellant. (Ind. No. 8716/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered July 18, 2019. Motion by the appellant to be furnished with the transcripts of certain proceedings and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion 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 June 14, 2018, 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 on September 15, 2015, October 19, 2015, October 27, 2015, November 17, 2015, January 6, 2016, February 18, 2016, March 23, 2016, May 17, 2016, June 8, 2016, June 10, 2016, June 20, 2016, June 28, 2016, July 13, 2016, August 24, 2016 (Part 50; Williams, J.), August 24, 2016 (Part 50; Murphy, J.), September 21, 2016, September 27, 2016, October 18, 2016, November 10, 2016, December 1, 2016, December 22, 2016, January 3, 2017, January 19, 2017, February 23, 2017, March 16, 2017, March 23, 2017, March 30, 2017, April 6, 2017 (Part MD2), April 6, 2017 (Part 29), April 13, 2017 (Part MD2), April 13, 2017 (Part 15), April 20, 2017, April 27, 2017, May 4, 2017, May 11, 2017, May 18, 2017, May 23, 2017, May 25, 2017, June 7, 2017, June 15, 2017, June 25, 2017, June 30, 2017, August 3, 2017, August 7, 22017, August 17, 2017, September 7, 2017, October 31, 2017, November 2, 2017, November 30, 2017, and December 14, 2017, 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, Twyler Carter, Attorney-in-Chief, The Legal Aid Society, 199 Water St., 5th Fl., New York, NY 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of such transcripts 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 branch of the motion which is to extend the time to perfect the appeal is granted, and 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 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.

IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court