Appellate Division: Second Judicial Department

M35768

A/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-05519 The People, etc., respondent, v George J. Scivolette, appellant. (Ind. No. 64/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Dutchess County, rendered May 24, 2005, inter alia, to include the minutes of certain minutes of proceedings conducted before the Justice Court of the Town of Poughkeepsie, and the County Court, Dutchess County, and, in effect, for an order of this court releasing any and all minutes of the Grand Jury proceedings with respect to the indictment filed June 24, 2004, and a superceding indictment filed July 15, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll is granted; and it is further,

ORDERED that the decision and order on motion of this court dated August 2, 2005, 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 before the Justice Court of the Town of Poughkeepsie, under Docket Numbers 30413402L, 30413417Z, and 30413457Y, including proceedings which occurred on June 24, 2004, June 28, 2004, October 26, 2004, and February 10, 2005, respectively, and the proceedings before the County Court, Dutchess County, on July 15, 2004, and October 6, 2004, respectively, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, and a copy of the notice filed pursuant to CPL 710.30 in the above-entitled action, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of these proceedings 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, in effect, for an order of this court releasing any and all minutes of the Grand Jury proceedings with respect to the indictment filed June 24, 2004, and a superceding indictment filed July 15, 2004, is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery; 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 (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, and to deliver the transcripts of the stenographic minutes of the proceedings before the Justice Court of the Town of Poughkeepsie and the County Court, Dutchess County, to the respondent when the appellant's brief is served.

ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court