| People v Garcia, Timothy J. |
| Motion No: 2024-01742 |
| Slip Opinion No: 2025 NY Slip Op 64211(U) |
| Decided on March 7, 2025 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M303365
AFA/
BETSY BARROS, J.P.
LILLIAN WAN
DONNA-MARIE E. GOLIA
JAMES P. MCCORMACK, JJ.
|
2024-01742 The People, etc., respondent, v Timothy J. Garcia, appellant. (Ind. No. 70505/2023)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Suffolk County, rendered December 13, 2023. Motion by the appellant to be furnished with copies of the transcripts of certain proceedings in the above-entitled matter.
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 May 13, 2024, which granted waiver of costs, fees, and expenses and the assignment of counsel 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 on March 21, 2023, March 27, 2023, April 6, 2023, May 17, 2023, June 1, 2023, June 5, 2023, July 10, 2023, August 22, 2023, and September 11, 2023, 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 assigned counsel, Charles Von Schmidt, 9100 Republic Airport, Hanger Three, Farmingdale, NY 11735, 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 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.
BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court