Opinion
2012-05701 Ind. No. 759/09 M154193
04-09-2013
The People, etc., respondent, v. Omar A. Smalling, appellant.
, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for additional transcripts of certain proceedings which occurred in the above-entitled action on an appeal from a judgment of the Supreme Court, Queens County, rendered June 8, 2012, and to enlarge 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 the decision and order on motion of this Court dated September 13, 2012, 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 the Supreme Court, Queens County, on the following dates, if they are available:
(1) April 23, 2009, TAP A;
(2) June 11, 2009, TAP A;
(3) July 2, 2009, TAP A;
(4) July 23, 2009, TAP A;
(5) August 6, 2009, Part K-12;
(6) September 9, 2009, Part K-12;
(7) October 2, 2009, Part K-12;
(8) October 16, 2009, Part K-12;
(9) October 22, 2009, Part K-12;
(10) November 6, 2009, Part K-12;
(11) January 12, 2010, TAP A;
(12) January 26, 2010, TAP A;
(13) March 3, 2010, TAP A;
(14) April 20, 2010, K-TRP;
(15) May 27, 2010, K-TRP;
(16) July 6, 2010, K-TRP;
(17) August 19, 2010, K-TRP;
(18) September 2, 2010, K-TRP;
(19) October 7, 2010, K-TRP;
(20) November 5, 2010, K-TRP;
(21) November 5, 2010, TAP A;
(22) November 16, 2010, K-TRP;
(23) December 10, 2010, K-TRP;
(24) February 4, 2011, TAP A;
(25) March 4, 2011, Part K-2;
(26) April 29, 2011, Part K-2;
(27) June 3, 2011, Part K-2;
(28) November 18, 2011, Part K-2;
(29) February 10, 2012, Part K-2;
(30) March 23, 2012, Part K-2;
(31) April 4, 2012, Part K-2; and
(32) April 11, 2012, Part K-23; and it is further,
ORDERED that the stenographer is directed to make, certify and file 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 each of the proceedings 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 in the event the stenographer has already prepared a copy of any of the transcripts 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 enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) 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.
SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court