Appellate Division: Second Judicial Department

M305646

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

LINDA CHRISTOPHER

LILLIAN WAN, JJ.

2024-05448 The People, etc., respondent, v Rafael Torres, appellant. (Ind. Nos. 70801/2023, 416/2023)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered May 23, 2024. Motion by the appellant to be furnished with the transcripts of certain proceedings and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated August 5, 2024, which granted waiver of costs, fees, and expenses and assignment of counsel 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 County Court, Orange County, on November 8, 2023, November 28, 2023, December 20, 2023, January 24, 2024, January 31, 2024, February 21, 2024, and May 16, 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 assigned 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 appellant's time to perfect the appeal is extended, and appellant's counsel shall prosecute the appeal 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 appeal is taken.

DUFFY, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court