Appellate Division: Second Judicial Department

M302517

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2023-00717 The People, etc., respondent, v Sotico Vargas, appellant. (Ind. No. 2265/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 2023. Motion by the appellant to be furnished with the transcripts of certain proceedings, in effect, 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 March 17, 2023, which granted waiver of costs, fees, and expenses 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 the Criminal Court, Queens County, under Queens County Criminal Court Docket No. CR-029576-2019QN on September 20, 2019, September 25, 2019, October 17, 2019, November 13, 2019, and December 9, 2019, and which occurred in the Supreme Court, Queens County, under Ind. No. 2265/2019 on December 18, 2019, March 12, 2020, March 18, 2020, April 8, 2020, July 17, 2020, August 19, 2020, September 21, 2020, October 15, 2020, December 1, 2020. January 26, 2021, February 10, 2021, March 10, 2021, April 16, 2021, June 15, 2021, August 10, 2021, September 22, 2021, October 19, 2021, November 16, 2021, January 6, 2022, January 28, 2022 (Part TAP-A), January 28, 2022 (Part K-15), May 5, 2022, June 28, 2022, August 4, 2022, September 13, 2022, and October 17, 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, Patricia Pazner, 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, in effect, 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, 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.

IANNACCI, J.P., CHRISTOPHER, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court