Opinion
Motion No. 2021-09465 Ind. No. 57/2021
04-12-2023
The People, etc., respondent, v. Dennis J. Mercy, appellant.
Unpublished Opinion
MOTION DECISION
M288388
VALERIE BRATHWAITE NELSON, J.P. JOSEPH J. MALTESE PAUL WOOTEN LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Dutchess County, rendered November 17, 2021. Motion by the appellant to be furnished with the transcripts of proceedings which occurred on September 22, 2021, in the above-entitled matter.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 March 23, 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 County Court, Dutchess County, on September 22, 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, Thomas N. N. Angell, Dutchess County Public Defender, 22 Market Street, Poughkeepsie, NY 12601, 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.
BRATHWAITE NELSON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.