Opinion
Motion No: 2014-02103
05-31-2016
The People, etc., respondent, v. Shawn Barnes, appellant.
M212289
E/ct
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
HECTOR D. LASALLE, JJ.
(Ind. No. 6432/10)
DECISION & ORDER ON MOTION
Motion by the appellant to be furnished with certain transcripts on an appeal from a judgment of the Supreme Court, Kings County, rendered February 13, 2014.
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 it is further,
ORDERED that the decision and order on motion of this Court dated November 6, 2014, 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 on the following dates in the above-entitled action, if they are available: September 8, 2010, September 9, 2010, November 4, 2010, December 16, 2010, January 10, 2011, February 7, 2011, February 17, 2011, March 9, 2011, April 1, 2011, April 28, 2011, June 3, 2011, June 30, 2011, July 20, 2011, August 11, 2011, September 15, 2011, October 26, 2011, November 23, 2011, December 21, 2011, January 12, 2012, January 27,, 2012, February 7, 2012, March 1, 2012, April 2, 2012, May 7, 2012, May 15, 2012, May 30, 2012, June 14, 2012, June 18, 2012, August 2, 2012, September 13, 2012, September 20, 2012, September 28, 2012, October 1, 2012, November 16, 2012, November 26, 2012, November 30, 2012, and December 14, 2012; and it is further,
ORDERED that the stenographer is directed to make, certify and file 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 each of the proceedings to the appellant's counsel, Lynn W. L. Fahey, Esq., Appellate Advocates, 111 John Street - 9th Floor, New York, NY 10038, 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 transcripts 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 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; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged, and the appellant's counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court