| People v Penna, Philip |
| Motion No: 2005-10929 +1 |
| Slip Opinion No: 2007 NYSlipOp 63516(U) |
| Decided on February 20, 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. |
Appellate Division: Second Judicial Department
M50899
E/nl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN
WILLIAM E. McCARTHY, JJ.
|
2005-10929, 2005-10930 The People, etc., respondent, v Philip Penna, appellant. (Ind. Nos. 1665/05, 2496/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the Supreme Court, Suffolk County, both rendered November 1, 2005, to be provided with additional transcripts of certain proceedings, for use in preparation of his 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 the decision and order on motion of this court dated January 3, 2006, 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 proceedings which occurred on August 22, 2005, in the proceedings under Indictment No. 1665/05, 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 appeal is 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 supplemental 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