Appellate Division: Second Judicial Department

M296420

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-06282 The People, etc., respondent, v Juan Carlos Barrios-Cajilima, appellant. (Ind. No. 963/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered July 15, 2022. Motion by the respondent, in effect, to be provided with the transcripts of certain proceedings, and to extend the time to serve and file a brief.

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 February 24, 2023, 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, Nassau County, on July 2, 2019, August 22, 2019, October 29, 2019, November 21, 2019, November 22, 2019, December 18, 2019, February 5, 2020, March 6, 2020, February 7, 2022, and March 23, 2022, 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 Clerk of the Court; the Clerk of the Court, or his designee shall provide the transcripts to 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 counsel; and it is further,

ORDERED that the respondent 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; and it is further,

ORDERED that upon delivering the transcript to the respondent, the Clerk of the Court, or his designee, shall advise the respondent of the date by which the transcript is to be returned and the respondent's brief served and filed.

CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court