Appellate Division: Second Judicial Department

M303755

AFA/

BETSY BARROS, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-11349 The People, etc., respondent, v Tyshawn Milligan, appellant. (Ind. Nos. 70634/2022, 306/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered September 7, 2023. Motion by the appellant to be furnished with the transcripts of certain proceedings in the above-entitled matter and to enlarge the judgment roll to include the transcripts of those proceedings.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 May 31, 2024, 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 County Court, Orange County, under Ind. Nos. 70634/2022 and 306/2022, on April 26, 2023, and May 1, 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 counsel, Bonnie Brennan, 10 Lakeside Drive, New Windsor, New York 12553, 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 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., CHRISTOPHER, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court