Appellate Division: Second Judicial Department

M301459

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LILLIAN WAN

PHILLIP HOM, JJ.

2022-10124 The People, etc., respondent, v Shameeka Todd, appellant. (Ind. No. 2807/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered November 2, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings, to enlarge the judgment roll to include the transcripts of those 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 branch of the motion which is to be furnished with the transcripts of certain proceedings is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated February 8, 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, Queens County, under Queens County Criminal Court Docket No. CR-034167/2018QN, in Part APAR1 on October 2, 2018, in Part AP-6 on October 18, 2018, and December 17, 2018, and in Part AP N on January 29, 2019, and which occurred in the Supreme Court, Queens County, under Ind. No. 2807/2018, on February 13, 2019, May 1, 2019, May 2, 2019, June 17, 2019, June 25, 2019, July 16, 2019, July 25, 2019, September 18, 2019, December 3, 2019, January 3, 2020, January 15, 2020, January 29, 2020 (Part K-11), January 29, 2020 (TAP A), February 13, 2020, March 5, 2020, June 17, 2020, August 24, 2020, October 21, 2020, February 3, 2021, May 3, 2021, July 12, 2021, September 20, 2021, October 27, 2021, December 20, 2021, February 28, 2022, March 28, 2022, May 13, 2022, May 23, 2022, and July 8, 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 branch of the motion which is to enlarge the judgment roll is denied as unnecessary as the transcripts are properly part of the judgment roll; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and 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.

DILLON, J.P., MILLER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court