Appellate Division: Second Judicial Department

M46380

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-05424 The People, etc., respondent, v Ray Eastwood, appellant. (Ind. No. 03-901)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the County Court, Orange County, rendered June 10, 2004, to include the minutes of certain pretrial proceedings which occurred between December 3, 2003, and April 26, 2004, and to enlarge the time to serve and file a supplemental brief.

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

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

ORDERED that the decision and order on motion of this court dated April 12, 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 any proceedings which occurred in the above-entitled action between December 3, 2003, and April 26, 2004, if they are available, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-referenced proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this court; and it is further,

ORDERED that the Clerk of this court shall deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant. The transcripts shall be returned to this court when the appellant files his supplemental brief or he informs this court that he will not file such a brief; and it is further,

ORDERED that the appellant's time to serve and file his supplemental brief is enlarged and the appellant shall serve and file his supplemental brief on or before January 2, 2007; and it is further,

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

MILLER, J.P., RITTER, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3368

Auburn Corr. Fac.

135 State Street

Auburn, New York 13024