Opinion
2019-02715 (Ind. 745/2014)
12-10-2021
The People, etc., respondent, v. Robert Moco, appellant.
M280512 AFA/
CHERYL E. CHAMBERS, J.P. LINDA CHRISTOPHER JOSEPH A. ZAYAS DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 3, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from a judgment of the Supreme Court, Queens County, rendered February 28, 2019. Motion by the appellant 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 April 25, 2019, 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 on the following dates in the action pending in the Criminal Court of the City of New York, Queens County, under Docket No. 2013 QN 053737, if they are available: September 26, 2013, October 1, 2013, November 18, 2013, January 14, 2014, March 12, 2014, March 27, 2014, and April 7, 2014; and of the proceedings which occurred on the following dates in the action pending in the Supreme Court, Queens County, under Indictment No. 745/2014, if they are available: April 21, 2014, April 24, 2014, June 23, 2014, September 3, 2014, September 11, 2014, October 14, 2014, December 4, 2014, January 9, 2015, February 4, 2015, March 4, 2015, March 18, 2015, May 6, 2015, 1 June 11, 2015, June 19, 2015, July 6, 2015, August 4, 2015, September 9, 2015, September 22, 2015, October 19, 2015, October 27, 2015, November 16, 2015, January 8, 2016, February 11, 2016, April 12, 2016, May 5, 2016, May 26, 2016, July 14, 2016, September 7, 2016, September 13, 2016, April 23, 2018, May 10, 2018, June 6, 2018, June 28, 2018, September 24, 2018, October 18, 2018, January 7, 2019, January 15, 2019, and January 22, 2019, 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, Patricia Pazner, 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.
CHAMBERS, J.P., CHRISTOPHER, ZAYAS and DOWLING, JJ., concur. 2