Appellate Division: Second Judicial Department

M42085

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2004-09915 The People, etc., respondent, v Irving Leach, appellant. (Ind. No. 04-00045)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered October 26, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, 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.

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.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5982

Auburn Corr. Fac.

Box 618

Auburn, New York 13024