2012-2090 Q CR. PEOPLE v. DIALLO, AGUIBO — Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered August 29, 2011, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by plaintiff for an enlargement of time to serve and file opposition papers to defendant's motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that defendant's motion and plaintiff's motion are consolidated for purposes of disposition; and it is further,

ORDERED that plaintiff's motion is granted and plaintiff's opposition papers are deemed timely served and filed; and it is further,

ORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Legal Aid Society is assigned as counsel; and it is further,

OREDRED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,

ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal, STEVEN BANKS, ESQ., NEW YORK CITY LEGAL AID SOCIETY, 199 WATER STREET, 5TH FLOOR, NEW YORK, NEW YORK 10038; and it is further,

ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report, if any, prepared in connection with defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.