Opinion
Motion No. 2022-06832 Ind. No. 72987/2021
12-01-2023
The People, etc., respondent, v. Sharaya Hutchins, appellant.
Unpublished Opinion
MOTION DECISION
ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, LILLIAN WAN, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered August 15, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings and to enlarge the judgment roll to include the transcripts of those proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated August 29, 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, on August 1, 2022, April 25, 2022, March 25, 2022, March 4, 2022, December 10, 2021, October 18, 2021, and in the Criminal Court, Kings County on November 9, 2021, October 12, 2021, September 22, 2021, July 12, 2021, March 22, 2021, March 2, 2021 (Part PH1), March 2, 2021 (Part PH3), and February 26, 2021, 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; and it is further, ORDERED that the branch of the motion to enlarge the judgment roll to include transcripts of the stenographic minutes of the proceedings which occurred in Supreme Court, Kings County, on August 1, 2022, April 25, 2022, March 25, 2022, March 4, 2022, December 10, 2021, October 18, 2021, and in the Criminal Court, Kings County on November 9, 2021, October 12, 2021, September 22, 2021, July 12, 2021, March 22, 2021, March 2, 2021 (Part PH1), March 2, 2021 (Part PH3), and February 26, 2021, is denied as unnecessary as those transcripts are properly part of the judgment roll; and it is further, ORDERED that the motion is otherwise denied.
IANNACCI, J.P., MILLER, WAN and LANDICINO, JJ., concur.