Appellate Division: Second Judicial Department

M292184

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-02307 The People, etc., respondent, v Joshua Emanuel, appellant. (Ind. No. 7/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered March 3, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings.

Upon the papers filed in support of the motion 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 August 8, 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 on February 5, 2021, February 9, 2021, March 17, 2021, May 3, 2021, May 13, 2021, May 27, 2021, July 28, 2021, August 9, 2021, August 13, 2021, September 2, 2021, September 9, 2021, September 23, 2021, September 28, 2021, October 5, 2021, October 7, 2021, October 12, 2021, October 15, 2021, and October 19, 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, Scott Bishop, 75 South Broadway, Suite 400, White Plains, NY 10601,

without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript 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 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., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court