Appellate Division: Second Judicial Department

M304406

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

LILLIAN WAN, JJ.

2023-05263, 2023-05266 The People, etc., respondent, v Enrique Simmons, appellant. (Ind. Nos. 70325/2019, 631/2019, 70326/2019, 314/2019)

DECISION & ORDER ON MOTION

2023-10540, 2023-10541

The People, etc., respondent,

v Enrique Simmons, appellant.

(Ind. Nos. 70325/2019, 631/2019,

70326/2019, 314/2019)

Appeals from two judgments of the County Court, Orange County, both rendered April 20, 2023, and from two resentences of the same court, both imposed October 12, 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 appeals.

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 July 7, 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 County Court, Orange County, under Ind. Nos. 70325/2019, 631/2019, 70326/2019, and 314/2019, on May 9, 2019, May 15, 2019, May 31, 2019, July 11, 2019, July 15, 2019, August 9, 2019, September 23, 2019, October 1, 2019, October 23, 2019, October 31, 2019, January 13, 2020, January 23, 2020, February 24, 2020, March 18, 2020, May 4, 2020, May 14, 2020, June 4, 2020, July 28, 2020, September 10, 2020, October 8, 2020, November 12, 2020, December 8, 2020, December 9, 2020, January 7, 2021, February 2, 2021, March 10, 2021, April 7, 2021, April 28, 2021, May 26, 2021, August 19, 2021, September 15, 2021, and March 6, 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, NY 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, 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 appeals is granted, the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.

BARROS, J.P., WARHIT, VOUTSINAS and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court