Opinion
Ind. No. 869/2018 Motion 2019-13728
01-03-2022
The People, etc., respondent, v. McKinley Miller, Jr., appellant. Ind. No. 869/2018
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P. JOSEPH J. MALTESE PAUL WOOTEN JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Nassau County, rendered November 19, 2019. Motion by the appellant, in effect, 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 January 22, 2020, 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, Nassau County, on June 5, 2018, June 18, 2018, July 2, 2018, July 5, 2018, July 23, 2018, August 22, 2018, August 30, 2018, September 7, 2018, September 19, 2018, October 1, 2018, November 5, 2018, November 20, 2018, November 30, 2018, and December 6, 2018, 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, Warren S. Landau, 448 West Broadway, Cedarhurst, New York 11516, 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.
MILLER, J.P., MALTESE, WOOTEN and ZAYAS, JJ., concur.