Appellate Division: Second Judicial Department

M303894

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2023-11663 The People, etc., respondent, v Anthony W. Smith, appellant. (Ind. No. 72378/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 20, 2023. Renewed motion by the appellant to be furnished with the transcripts of certain proceedings, in effect, to enlarge the judgment roll to include certain material, and to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition 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 14, 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, Suffolk County, under Indictment No. 72378/2022 on December 21, 2022, and March 10, 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, Richard L. Herzfeld, P.C., 112 Madison Avenue, 8th Floor, New York, New York 10016, 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 to include certain material is denied as unnecessary with respect to the transcripts of proceedings which occurred on December 21, 2022, and March 10, 2023, in the above-entitled matter as those transcripts are properly part of the record, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended and on or before April 17, 2025, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; 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.

GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court