Appellate Division: Second Judicial Department

M50906

E/nl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

WILLIAM E. McCARTHY, JJ.

1998-02449, 1998-02793, 1998-02794, 1998-02923 The People, etc., respondent, v Darren McCall, appellant. (Ind. Nos. 97-00030, 97-00135, 97-00153, 97-00239)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from four judgments of the County Court, Rockland County, all rendered February 25, 1998, to be provided with the minutes of the plea allocutions that occurred on February 13, 1998, under Indictment Nos. 97-00135, 97-00153, and 97-00239, and to enlarge the time to serve and file a replacement supplemental brief .

Upon the papers filed in support of the motion and the papers filed in 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 23, 1998, 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 the plea allocutions that occurred on February 13, 1998, under Indictment Nos. 97-00135, 97-00153, and 97-00239, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, 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 the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeals are taken, and to deliver the transcript of the above-referenced 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 Clerk of this court shall advise the appellant of the date by which the brief is to be filed, once the transcripts are received or the court is advised that the transcripts are unavailable.

MILLER, J.P., SPOLZINO, GOLDSTEIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court