Appellate Division: Second Judicial Department

M310084

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

DONNA-MARIE E. GOLIA, JJ.

2024-01678 The People, etc., respondent, v Joseph Flythe, appellant. (Ind. No. 71152/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 30, 2023. Motion by the appellant to be furnished with the transcripts of certain proceedings, in effect, to enlarge the judgment roll to include the transcripts of those proceedings, and to enlarge the judgment roll to include certain material.

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 October 4, 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 County Court Ind. 71152/2021 on January 3, 2022, in the above-entitled matter, if available, and that branch of the motion is otherwise denied without prejudice to renew upon proper papers specifying the dates of the proceedings and the issues to be raised in connection with those proceedings; 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, Karen G. Leslie, P.O. Box 624, Riverhead, New York 11901, 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 to include transcripts of the January 3, 2022 proceeding is denied as unnecessary as the transcripts are properly part of the judgment roll, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include certain material is denied; 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., FORD, LOVE and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court