Opinion
Motion No. 2022-00994 Ind. No. 6955/2019
05-01-2023
The People, etc., respondent, v. Ernest Montalvo, appellant.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P., JOSEPH A. ZAYAS, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered February 9, 2022. Motion by the appellant's assigned counsel 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 the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is 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 February 28, 2022, 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, Kings County, on July 1, 2019, August 7, 2019, November 7, 2019, December 2, 2019, December 16, 2019, January 15, 2020, February 13, 2020, March 5, 2020, April 30, 2020, August 6, 2020, September 24, 2020, November 12, 2020, February 3, 2021, March 3, 2021, March 25, 2021, April 30, 2021, May 27, 2021, July 13, 2021, August 17, 2021, September 20, 2021 (Part 11), September 20, 2021 (Part 25), and November 3, 2021, 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 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 such 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 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 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.
BRATHWAITE NELSON, J.P., ZAYAS, FORD and VOUTSINAS, JJ., concur.