Appellate Division: Second Judicial Department

M56988

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2005-03235 The People, etc., respondent, v Michael Sheard, appellant. (Ind. No. 83/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered March 14, 2005, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent, in effect, for leave to file one brief in response to the appellant's assigned counsel's brief and the appellant's supplemental pro se brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the application is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court