Appellate Division: Second Judicial Department

M297780

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-01652 The People, etc., respondent, v Terrence Barnwell, appellant. (Ind. No. 72027/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered September 16, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings and to extend the time to perfect the appeal.

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 April 21, 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 Criminal Court, Kings County, under Ind. No. 16525/2021 on July 4, 2021, Part APAR4, July 8, 2021, Part AP1F, and in Supreme Court, Kings County, under Ind. No. 72027/2021, in Part GP16 on August 10, 2021 and October 5, 2021, in Part GP28 on November 9, 2021, January 27, 2022, March 3, 2022, April 5, 2022, and May 17, 2022, and in Part GP12 on May 17, 2022, May 26, 2022, June 8, 2022, June 10, 2022, June 23, 2022, July 7, 2022, and July 13, 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 appellant's counsel, Paul Skip Laisure, Appellate Advocates, 111 John Street , 9th Floor, New York, New York 10038, 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 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.

DUFFY, J.P., MALTESE, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court