Opinion
Motion Nos. 2022-08246 2022-08248 M292210 Ind. Nos. 74019/2021 71112/2021
11-08-2023
The People, etc., respondent, v. Christopher Dozier, appellant.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P. ROBERT J. MILLER LARA J. GENOVESI LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeals from two judgments of the Supreme Court, Kings County, both rendered September 20, 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 no papers having been filed in opposition or 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 November 28, 2022, 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 the Supreme Court, Kings County, on June 16, 2021, August 2, 2021, September 13, 2021, October 4, 2021, October 21, 2021, November 15, 2021, December 14, 2021, in Part 15 on January 25, 2022, in Part GP16 on January 25, 2022, February 17, 2022, March 11, 2022, March 14, 2022, March 18, 2022, April 18, 2022, May 18, 2022, June 21, 2022, and July 25, 2022, and which occurred in the Criminal Court, Kings County, under Kings County Criminal Court Docket No. CR-025110-20KN, in Part APAR1 (AR1) on December 9, 2020, in part APAR3A (AR3A) on December 9, 2020, December 11, 2020, April 5, 2021, May 3, 2021, and January 10, 2022, 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.
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.