Opinion
2019-03821, 2021-04393
06-30-2021
The People, etc., respondent, v. Melissa A. Gallardo, appellant. Ind. Nos. 2026/2017, 1332/2018
M277786 AFA/
WILLIAM F. MASTRO, J.P. ROBERT J. MILLER BETSY BARROS LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to amend a decision and order on motion of this Court dated August 14, 2020, which, pursuant to CPL 460.30, extended the time to take an appeal from a judgment rendered February 25, 2019, following a trial, under Ind. No. 2026/2017, and granted poor person relief and assigned counsel with respect to that judgment, to reflect that the time to take an appeal from a judgment of the same court rendered February 25, 2019, following a trial, under Ind. No. 1332/2018 is also extended, and poor person relief and the assignment of counsel are also granted as to the judgment rendered February 25, 2019, under Ind. No. 1332/2018.
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 August 14, 2020, is amended to reflect that the moving papers are deemed also to constitute a timely notice of appeal from the judgment rendered February 25, 2019, under Ind. No. 1332/2018, poor person relief and the assignment of counsel are also granted as to that judgment, and pursuant to County Law § 722 the following named attorney, who was assigned as counsel to prosecute the appeal from the judgment rendered February 25, 2019, under Ind. No. 2026/2017, by that decision and order on motion, is also assigned as counsel to prosecute the appeal from the judgment rendered February 25, 2019, under Ind. No. 1332/2018:
Janet E. Sabel
The Legal Aid Society
199 Water Street - 5th Floor
New York, NY 10038
and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in the action under Ind. No. 1332/2018, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that 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 appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.
MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.