Appellate Division: Second Judicial Department

M307262

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2023-05571 The People, etc., respondent, v Carlos Portillo, appellant. (Ind. Nos. 70245/2019, 1532N/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered April 11, 2023. Motion by the appellant to be furnished with the transcripts of certain proceedings, to enlarge the judgment roll to include the transcripts of those proceedings, to unseal the transcripts of certain proceedings, and to extend the time to perfect the appeal.

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 to the extent that the decision and order on motion of this Court dated December 29, 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, Nassau County, under Ind. Nos. 70245/2019 and 1532N/2019 on December 19, 2019, January 20, 2020, January 21, 2020, February 4, 2020, July 13, 2020, July 14, 2020, May 25, 2022, July 20, 2022, August 25, 2022, September 29, 2022, November 9, 2022, and December 2, 2022, in the above-entitled matter, if available and that branch of the motion is otherwise denied; 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, except for the minutes of the transcripts of the proceeding which occurred on January 20, 2020, January 21, 2020, February 4, 2020, July 13, 2020, July 14, 2020, to the appellant's counsel, Warren S. Landau, 448 West Broadway, Cedarhurst, New York 11516, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the branch of the motion which is to unseal the transcripts of the proceedings which occurred on January 20, 2020, January 21, 2020, February 4, 2020, July 13, 2020, July 14, 2020, is granted to the extent that the clerk of the County Court, Nassau County, shall furnish one certified transcript of those proceedings to the Clerk of this Court, under seal, for review by the panel of Justices assigned to hear the appeal, and the transcript shall remain sealed upon filing and that branch of the motion is otherwise denied; and it is further

ORDERED that in the event the stenographer has already prepared a copy of such transcripts for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel, except for the minutes of the transcripts of the proceedings which occurred on January 20, 2020, January 21, 2020, February 4, 2020, July 13, 2020, July 14, 2020; and it is further,

ORDERED that the branch of the motion which is 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 the branch of the motion which is to extend the time to perfect the appeal is granted, 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.

BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court