Opinion
Motion No: 2017-02164 SCR
07-18-2018
The People of the State of New York, Respondent, v. Eric J. Iverson, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered October 10, 2017, to compel the District Court to transfer the file to this court, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to compel the District Court to transfer the file to this court is denied; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected within 60 days of the date of this decision and order on motion.
CPL 460.70 (1), as amended effective October 20, 2017, provides as follows:
"When an appeal is taken pursuant to section 450.10, a transcript shall be prepared and settled and shall be filed with the criminal court by the court reporter. Electronically recorded proceedings that were not recorded by a stenographer shall be transcribed and filed with the court. . . ." (emphasis added)
Inasmuch as CPL 450.10 pertains, in essence, to any appeal taken to an intermediate appellate court as of right, transcripts must be ordered regardless of the method the appellant chooses to "take" the appeal (CPL 460.10). Since appellant has not ordered the transcripts, the branch of his motion seeking to compel the District Court to transfer the file to this court must be denied.
ENTER:
Paul Kenny
Chief Clerk