Opinion
Motion No. 2023-08327 Ind. Nos. 7006/20063340A/2006
09-18-2023
The People, etc., respondent, v. Brian Rivera, appellant.
Unpublished Opinion
MOTION DECISION
M291105 AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
Appeal by Brian Rivera from an order of the Supreme Court, Suffolk County, dated August 22, 2023, issued pursuant to CPL 440.47. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Felice B. Milani, dated August 28, 2023, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry
Legal Aid Society of Suffolk County
300 Center Drive, PO Box 1697
Riverhead, NY 11901-3398 and it is further, ORDERED that the appeal 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 appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Acting Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); 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 Acting 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 28, 2023, 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 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 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 appeal; 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 appeal is taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.