Appellate Division: Second Judicial Department

M43173

G/mv

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-04884 The People, etc., respondent, DE v Olbin Reyes, appellant. (Ind. No. 2319/01)

CISION & 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 May 3, 2004, to be furnished with a copy of the transcript of the proceedings, if any, and to be furnished with a copy of 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 furnished with a copy of the transcript of the proceedings 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; and it is further,

ORDERED that the motion is otherwise 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.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-2856

Green Haven Correctional Facility

Box 4000

Stormville, N.Y. 12582