Appellate Division: Second Judicial Department

M311701

ID/

CHERYL E. CHAMBERS, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

LOURDES M. VENTURA, JJ.

2024-13007, 2025-15511 The People, etc., respondent, v Jaewon McArthur, appellant. (Ind. No. 70379/2023)

DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel

Appeal from a judgment of the County Court, Suffolk County, rendered November 26, 2024. Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the same court imposed June 16, 2025, for waiver of costs, fees, and expenses and for the assignment of counsel on the appeal from the resentence, and to consolidate the appeals.

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 branch of the motion which is to extend the time to take an appeal from the resentence is granted and the moving papers are deemed to constitute a timely notice of appeal from the resentence; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is for waiver of costs, fees, and expenses, and for the assigment of counsel on the appeal from the resentence is granted; and it is further,

ORDERED that the appeal from the resentence will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeals to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of the imposition of resentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts 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 any of the minutes 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 upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's resentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the resentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 appeals are taken.

CHAMBERS, J.P., DOWLING, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

24-R-3137

Woodbourne Corr. Fac.

P.O. Box 1000

Woodbourne, NY 12788-1000