Opinion
Motion No. 2019-10414 M292178 Ind. No. 174/2015
11-08-2023
The People, etc., respondent, v. Luis Quiles, appellant.
Unpublished Opinion
MOTION DECISION
ANGELA G. IANNACCI, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Richmond County, rendered August 1, 2019. Motion by the appellant to be furnished with the transcripts of certain proceedings, to enlarge the judgment roll to include the transcripts of those proceedings, and to extend the time to perfect the appeal.
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 branch of the motion to be furnished with transcripts of certain proceedings is granted; and it is further, ORDERED that the decision and order on motion of this Court dated January 8, 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, Richmond County, on August 5, 2015, September 9, 2015, September 25, 2015, October 29, 2015, December 16, 2015, January 14, 2016, January 25, 2016, February 5, 2016, February 22, 2016, March 4, 2016, April 5, 2016, April 12, 2016, May 6, 2016, May 31, 2016, June 13, 2016, July 6, 2016, July 21, 2016, September 8, 2016, October 25, 2016, December 2, 2016, February 22, 2017, March 29, 2017, May 1, 2017, June 28, 2017, August 7, 2017, August 29, 2017, September 20, 2017, October 16, 2017, October 30, 2017, November 6, 2017, November 21, 2017, December 6, 2017, December 11, 2017, December 19, 2017, January 30, 2018, March 13, 2018, April 20, 2018, June 7, 2018, and July 18, 2018, and which occurred in Criminal Court, Richmond County, under Richmond County Criminal Court Docket No. 2015RI005108, in Part APAR1 on July 14, 2015, and in Part AP1 on July 17, 2015, and September 17, 2015, 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 branch of the motion which is to enlarge the judgment roll is denied as unnecessary as the transcripts are properly part of the judgment roll; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and 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.
IANNACCI, J.P., MALTESE, WOOTEN and WAN, JJ., concur.