Appellate Division: Second Judicial Department

M304722

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2024-09370, 2024-09371 The People, etc., respondent, v Douglas Valente, appellant. (Ind. Nos. 73291/2022, 70206/2023)

DECISION & ORDER ON MOTION

Appeals by Douglas Valente from two judgments of the County Court, Suffolk County, both rendered August 22, 2024. Motion by the appellant to be furnished with the transcripts of certain proceedings, and, in effect, to enlarge the judgment roll to include the transcripts of those proceedings.

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 October 9, 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 Ind. Nos. 73291/2022 and 70206/2023, on November 3, 2023, November 29, 2023, December 11, 2023, January 8, 2024, February 5, 2024, March 1, 2024, April 9, 2024, April 18, 2024, June 13, 2024, and July 24, 2024, 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, Laurette D. Mulry Legal Aid Society of Suffolk County, 300 Center Drive, PO Box 1697, Riverhead, NY 11901-3398, 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, in effect, 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 appeals are taken.

IANNACCI, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court