Appellate Division: Second Judicial Department

M54171

S/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

DANIEL D. ANGIOLILLO, JJ.

2005-03010 The People , etc., respondent, DE v Hernan Guerrero, appellant. (Ind. No. 766-03)

CISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 13, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered March 14, 2005, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to enlarge the judgment roll to include the transcripts of the proceedings from his first trial.

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

ORDERED that the motion 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 decision and order on motion of this court dated September 13, 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 the proceedings which occurred during the defendant's first trial, 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; the Clerk of this court shall deliver a copy to the appellant; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings which occurred during the defendant's first trial, then the Clerk of the trial court is directed to reproduce a copy thereof and provide it to the Clerk of this court for delivery to the appellant; and it is further,

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

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.

MILLER, J.P., SCHMIDT, RITTER, and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

05 A 1497

Marcy Corr. Fac.

Box 3600

Marcy, New York 13403