People v. Deal

Full title: The People, etc., respondent, v. Derek Deal, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Jul 13, 2012

2012 N.Y. Slip Op. 78821 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-09638 Ind. No. 2025/11 M139944

07-13-2012

The People, etc., respondent, v. Derek Deal, appellant.

DANIEL D. ANGIOLILLO

, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll to include the transcripts of proceedings on September 12, 2011, and September 28, 2011, on an appeal from a judgment of the County Court, Suffolk County, rendered September 30, 2011.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this Court dated January 17, 2012, 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 on September 12, 2011, and September 28, 2011; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this order, and 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.

ANGIOLILLO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court