Appellate Division: Second Judicial Department

M43126

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2000-10226 The People, etc., respondent, v Daniel Lyons, appellant. (Ind. No. 4272/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 25, 2000, and to be furnished with a copy of the typewritten transcript of the Sandoval hearing, if any, and the transcript of the proceedings which occurred before the Grand Jury.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be provided with the typewritten transcript of the Sandoval hearing is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the Sandoval hearing, 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; and it is further,

ORDERED that the branch of the motion which is to be provided with the minutes of the proceedings which occurred before the Grand Jury is denied.

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.

PRUDENTI, P.J., MILLER, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court