APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

That branch of the motion by defendant-appellant seeking, in essence, to vacate dismissal of the appeal granted on condition the appeal is perfected by February 4, 2005; otherwise motion denied.

That branch of the motion seeking to reinstate and continue the stay of execution of judgment pending determination of appeal is granted.

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

DECISION

Motion by defendant-appellant for poor person relief is granted counsel assigned pursuant to Article 18-B of the County Law.

Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.

The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and

Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and

Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.