Appellate Division: Second Judicial Department

M292540

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2022-06801 The People, etc., respondent, v Malcolm Walker, appellant. (Ind. No. 70408/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered August 16, 2022. 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 August 29, 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, in Part GP14 on May 9, 2022, and May 23, 2022,

in Part 14 on March 28, 2022, in Part Misc. Mot. on December 8, 2021, in Part SP10 on December 6, 2021, in Part 19 on October 19, 2021, in Part 16 on September 23, 2021, October 19, 2021, November 18, 2021, December 3, 2021, January 18, 2022, February 9, 2022, and March 28, 2022, in Part Tap2 on May 18, 2021, and September 14, 2021, and which occurred in Criminal Court, Kings County, under Kings County Criminal Court Docket No. CR-000826-21KN, in Part APAR4 on January 9, 2021, and in Part PH1 on January 14, 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, 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 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 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.

DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court