Opinion
Motion No. 2022-08446 Ind. No. 718/2021
03-13-2024
The People, etc., respondent, v. Ramel Bain, appellant.
Unpublished Opinion
MOTION DECISION
M294881 AFA/
FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE WILLIAM G. FORD fLAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered September 27, 2022. 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, 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; and it is further, ORDERED that the decision and order on motion of this Court dated April 17, 2023, which granted poor person relief 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 Supreme Court, Queens County, in Part TAP-A, on June 30, 2021, July 8, 2021, July 16, 2021, July 20, 2021, October 13, 2021, December 16, 2021, January 5, 2022, January 26, 2022, March 15, 2022, April 5, 2022, April 26, 2022, June 13, 2022, July 20, 2022, August 25, 2022, and September 27, 2022, and which occurred in Criminal Court, Queens County, under Queens County Criminal Court Docket No. CR-011180-21QN, in Part APAR3 on June 3, 2021, and June 11, 2021, and in Part T-7 on June 7, 2021, and June 11, 2021, 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 assigned counsel, Patricia Pazner, Appellate Advocates, 111 John St., 9th Fl., New York, NY 10038, 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 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 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, and 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.
CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.