People v Newborn, Keith
Motion No: 2004-09456
Slip Opinion No: 2007 NYSlipOp 61771(U)
Decided on January 24, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49703

E/sl

WILLIAM F. MASTRO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09456

The People, etc., respondent,

v Keith Newborn, appellant.

(Ind. No. 1970-03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered October 14, 2004, to include the transcript of the arraignment on August 25, 2003, and subsequent court proceedings on October 1, 2003, October 29, 2003, November 13, 2003, December 11, 2003, December 15, 2003, December 22, 2003, January 5, 2004, January 22, 2004, February 10, 2004, March 30, 2004, April 2, 2004, April 8, 2004, April 19, 2004, and April 26, 2004, as well as the papers submitted to the County Court in opposition, reply, and sur-reply to the respondent's motion to obtain a buccal swab sample from the appellant.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

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

ORDERED that the respondent's time to serve and file a brief is enlarged until February 21, 2007, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court