| People of State of New York v Robert Francis |
| Motion No: 2019-00629 NCR |
| Slip Opinion No: 2023 NY Slip Op 76162(U) |
| Decided on October 27, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
TIMOTHY S. DRISCOLL, J.P.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Robert Francis, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered November 27, 2018, to expand the record on appeal to include transcripts of the suppression hearing held on June 11, 12 and 14, 2018 and transcripts from another trial conducted on October 2, 3, 4, 9, 10, and 11, 2018, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to include transcripts of the suppression hearing is denied; and it is further,
ORDERED that the branch of the motion seeking to include transcripts from another trial is denied; and it is further,
ORDERED that the branch of the motion to enlarge the time to perfect the appeal is granted, and appellant shall perfect the appeal on or before January 26, 2024; and it is further,
ORDERED that in the event the appeal is not perfected by January 26, 2024, the court, on its own motion may dismiss the appeal, without further notice, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
Regarding the branch of the motion seeking to expand the record on appeal to include the transcripts of the suppression hearing, such transcripts are properly part of the record on appeal, and must be included unless leave of court has been granted to appeal on an abridged record (see former 22 NYCRR 732.1 [b]).
ENTER:
Paul Kenny
Chief Clerk