Appellate Division: Second Judicial Department

M291874

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2022-02080 The People, etc., respondent, v Wesley Foster, appellant. (Ind. No. 8795/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered July 5, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings, to enlarge the judgment roll to include the transcripts of those proceedings, and to extend the time to perfect the appeal.

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 branch of the motion which is to be furnished with the transcripts of certain proceedings is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated March 30, 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 Supreme Court, Kings County, on January 9, 2019, May 29, 2019, January 9, 2020, January 17, 2020, January 29, 2020, and February 4, 2020, and which occurred in Criminal Court, Kings County, under Kings County Criminal Court Docket No. CR-053983-18KN, in Part APAR 1, on December 17, 2018, and in Part AP1F and APAR3 on December 21, 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, Patricia Pazner, Appellate Advocates, 111 John St., 9th 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 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 that the branch of the motion which is to enlarge the judgment roll is denied as unnecessary as the transcripts are properly part of the judgment roll; 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.

DILLON, J.P., MILLER, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court