Motion List released on: August 20, 2019
By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ. PEOPLE, etc., res, v. Rudolph Kaval, ap — On the Court’s own motion, it is ORDERED that the decision and order on motion of this Court dated August 9, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor: Motion by the appellant pro se for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed February 5, 2019, as a poor person, and for the assignment of counsel. 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 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 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 imposition of resentence in this action, 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 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 order on motion 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 resentencing, 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 resentence is raised on appeal, 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: Janet E. Sabel The Legal Aid Society 199 Water Street – 5th Floor New York, NY 10038 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 or her 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 decision and order on motion upon the clerk of the court from which the appeal is taken. SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
