Appellate Division: Second Judicial Department

M305485

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2023-05903 The People, etc., respondent, v John J. Villela, appellant. (Ind. No. 72351/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered May 25, 2023. Motion by the appellant to be furnished with copies of transcripts of certain proceedings.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated December 13, 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 Yonkers City Court on June 17, 2022, July 11, 2022, August 2, 2022, 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, Scott M. Bishop, 75 South Broadway, Suite 400, White Plains,New York 10601), 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 motion is otherwise denied.

MILLER, J.P., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court