People v Gonzalez, Julio
Motion No: 2005-01066
Slip Opinion No: 2007 NYSlipOp 76625(U)
Decided on August 29, 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

M59028

E/cb

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2005-01066

The People, etc., respondent,

v Julio Gonzalez, appellant.

(Ind. No. 7576/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with additional transcripts to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 2005.

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 August 8, 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 on October 14, 2003, and October 28, 2003, and of the arraignment proceedings in Criminal Court and Supreme Court, 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,

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., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court