Appellate Division: Second Judicial Department

M299387

AFA/

MARK C. DILLON, J.P.

BARRY E. WARHIT

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-05602 The People, etc., respondent, v Kervin R. Jeanty, appellant. (Ind. No. 70137/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered May 10, 2023. Motion by the appellant pro se to be furnished with the trial transcripts, the sentencing transcripts, the pre-trial hearing transcripts, the original papers, and the grand jury minutes.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to be furnished with copies of the trial transcripts and the sentencing transcripts is granted, and the decision and order on motion of this Court dated November 6, 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 trial transcripts and the sentencing transcripts, 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 it is further,

ORDERED that the Clerk of the trial court shall file one certified transcript of each of the proceedings set forth above to the Clerk of this Court, without charge (see CPL 460.70) and the Clerk of this Court, or his designee, shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files a brief; the Clerk of this Court, or his designee, shall provide a copy of the transcript to the respondent after the appellant's brief has been filed; and it is further,

ORDERED that the branch of the motion which is to be furnished with copies of the typewritten transcripts of the pretrial hearings, if any, is denied without prejudice to renew upon specifying the issues to be raised in connection with the pretrial hearing transcripts and the dates of the pretrial hearing transcripts requested; and it is further,

ORDERED that the branch of the motion which is to be furnished with copies of the original papers is denied with leave to renew, upon identifying the issues the appellant proposes to raise in connection with these proceedings; and it is further,

ORDERED that the branch of the motion which is to be furnished with copies of the grand jury minutes is denied.

DILLON, J.P., WARHIT, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court