Appellate Division: Second Judicial Department

M36112

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-05915 The People, etc., respondent, v Mark Martin, appellant. (Ind. No. 03-00936)

DECISION & ORDER ON MOTION

Motion by the appellant pro se (1) for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 15, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and (2) to enlarge the record on appeal to include the minutes of the Grand Jury proceedings

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any (other than the minutes of the Grand Jury proceedings), and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney;

 ORDERED that the branch of the motion which is to enlarge the record is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the Grand Jury 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,

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court