By Austin, J.P.; Hinds-Radix, Maltese and Christopher, JJ.PEOPLE, etc., res, v. Jake N. Wheeler, ap — (S.C.I. No. 202S/17) — 2017-12376People of State of New York, respondent, v. Jake N. Wheeler, appellant.Motion by the appellant to consolidate appeals from a judgment of the County Court, Dutchess County, rendered September 19, 2017, and an order of the same court dated October 16, 2017, respectively, for leave to prosecute the appeals as a poor person, and for the .Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,ORDERED that the branches of the motion which are for leave to prosecute the appeal from the judgment as a poor person and for the with respect to that appeal are granted; and it is further,ORDERED that the appeal from the judgment 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 parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); 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 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 the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in the action that resulted in the judgment, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the action that resulted in the judgment was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in the action that resulted in the judgment, without charge (see CPL 460.70; 1102[b]); 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 minutes 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 upon service of a copy of this decision and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on the appeal from the judgment, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal from the judgment:Thomas N. N. AngellOffice of the Public Defender22 Market StreetPoughkeepsie, NY 12601and it is further,ORDERED that the appellant’s time to perfect the appeal from the judgment is extended; assigned counsel shall prosecute that 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 in connection with the judgment has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal from the judgment; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the branches of the motion which are for leave to prosecute the appeal from the order dated October 16, 2017, as a poor person and for the with respect to that appeal are denied as unnecessary (see Correction Law §168-n [3]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and upon the clerk of the County Court, Dutchess County.AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.
By Leventhal, J.P.; Duffy, Connolly and Christopher, JJ.PEOPLE, etc., res, v. John Kluge, ap — Motion by the appellant to enlarge the record on an appeal from a judgment of the County Court, Suffolk County, rendered December 14, 2011, to include Exhibit X and to unseal Exhibit X. Separate motion by the appellant to enlarge the record to include the minutes of the grand jury proceedings.Upon the papers filed in support of the motions and the papers filed in relation thereto, it isORDERED that the branch of the motion which is to enlarge the record to include Exhibit X is denied as unnecessary as Exhibit X is part of the record; and it is further,ORDERED that the branch of the motion which is to unseal Exhibit X is denied; and it is further,ORDERED that the motion to enlarge the record to include the minutes of the grand jury proceedings is granted to the extent that, on or before January 10, 2019, the respondent shall file a transcript of the grand jury proceedings, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and that transcript shall remain sealed upon delivery, and the motion is otherwise denied.LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
