People v McGiboney, Luther
Motion No: 2005-03316
Slip Opinion No: 2007 NYSlipOp 81258(U)
Decided on October 18, 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

M61165

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2005-03316

The People, etc., respondent,

v Luther McGiboney, appellant.

(Ind. No. 5542/40)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered March 23, 2005, inter alia, to be furnished with the transcript of the grand jury proceedings.

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

ORDERED that the branch of the motion which is to be furnished with the transcript of the grand jury proceedings is granted to the extent that the District Attorney shall file a transcript of the grand jury minutes with the Clerk of this Court, and those minutes shall remain sealed upon delivery; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court