Opinion
2021-66839 Motion 2019-02968 2020-07186
05-28-2021
The People, etc., respondent, v. Oleg Korsuntsev, appellant. (Ind. No. 7229/2016)
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., MARK C. DILLON, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Motion for Poor Person Relief and to Assign Counsel
Appeal, by permission, from an order of the Supreme Court, Kings County, dated August 6, 2020, and separate appeal from a judgment of the same court rendered February 25, 2019. Motion by the appellant to consolidate the appeals, for poor person relief and the assignment of counsel with respect to the appeal from the order. By decision and order on motion of this Court dated October 28, 2019, the appellant was granted poor person relief and the assignment of counsel with respect to the appeal from the judgment.
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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4], [c][1], [d], [e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated August 6, 2020, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); 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 pursuant to County Law § 722 the following named attorney, who was assigned to prosecute the appeal from the judgment, is also assigned as counsel to prosecute the appeal from the order dated August 6, 2020:
Paul Skip Laisure
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
LASALLE, P.J., DILLON, IANNACCI and CHRISTOPHER, JJ., concur.