Appellate Division: Second Judicial Department

M306648

AFA/

LARA J. GENOVESI, J.P.

PAUL WOOTEN

LILLIAN WAN

LOURDES M. VENTURA, JJ.

2022-06721 The People, etc., respondent, v Emerson Figueroa, appellant. (Ind. No. 824/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered August 2, 2022. 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 and 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 26, 2022, 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 Criminal Court, Queens County, under Criminal Court Docket No. CR-12262-2021QN on June 21, 2021, and June 25, 2021, and in the Supreme Court, Queens County, under Indictment No. 824/2021 on September 9, 2021, October 28, 2021, November 30, 2021, December 14, 2021, March 10, 2022, April 21, 2022, May 16, 2022, June 9, 2022, and June 23, 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, Patricia Pazner, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038), 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; assigned 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.

GENOVESI, J.P., WOOTEN, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court