Opinion
Motion No. 2022-08081 Ind. No. 811/2020
05-08-2024
The People, etc., respondent, v. Bruce Battle, appellant.
Unpublished Opinion
MOTION DECISION
M296239
COLLEEN D. DUFFY, J.P., BETSY BARROS, LILLIAN WAN, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered September 7, 2022. Motion by the appellant to be furnished with the transcripts of certain 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 motion is granted; and it is further, ORDERED that the decision and order on motion of this Court dated October 24, 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 Supreme Court, Kings County, under Criminal Court Docket No. CR-06341/2020KN on March 5, 2020, APAR1(AR1), March 9, 2020, APAR3, and March 9, 2020, Part AP1F; under Ind. No. 811/2020 on March 26, 2020, Part 21, March 30, 2020, Part 12, April 1, 2020, Part 12, April 16, 2020, Part 1, June 4, 2020, TAP2, July 23, 2020, TAP2, September 10, 2020, TAP2, October 29, 2020, Part 12, November 24, 2020, Part 12, December 11, 2020, Part 12, January 27, 2021, Part 12, March 5, 2021, Part 12, May 20, 2021, Part 12, June 15, 2021, Part 12, July 26, 2021, Part 12, October 1, 2021, Part 12, November 17, 2021, Part 12, December 15, 2021, Part 12, February 2, 2022, Part 12, February 16, 2022, Part 12, March 3, 2022, Part 12, March 16, 2022, Part 12, April 7, 2022, Part 12, April 25, 2022, GP12, April 26, 2022, GP12, May 13, 2022, GP12, and May 16, 2022, GP12, 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 counsel, Paul Skip Laisure, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, without charge (see CPL 460.70); assigned counsel is directed to turn over the transcript 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 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.
DUFFY, J.P., BARROS, WAN and LANDICINO, JJ., concur.