Appellate Division: Second Judicial Department

M64870

E/sl

DAVID S. RITTER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2005-11291 The People, etc., respondent, v Michael D. Wesley, appellant. (Ind. No. 1395/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file an appendix to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 15, 2005, and, in effect, to enlarge the judgment roll.

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

ORDERED that the motion is granted to the extent that the judgment roll is enlarged to include the documents contained on pages 1 through 62 of the proposed appendix attached to the papers filed in support of this motion, or, more specifically, a transcript of the appellant's grand jury testimony dated May 3, 2002, the indictment in the above-entitled action filed May 15, 2002, the appellant's omnibus motion, inter alia, to inspect the grand jury minutes, including the affirmation of Steven P. Goldberg dated February 9, 2003, the appellant's motion for leave to reargue his motion to dismiss the indictment, including the affirmation of Steven P. Goldberg dated April 13, 2003, and an order of the Supreme Court, Queens County, dated March 7, 2003; and it is further,

ORDERED that on or before February 29, 2008, the appellant shall serve and file nine copies of an appendix containing the documents specified above; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court