Appellate Division: Second Judicial Department

M65970

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-00178 The People, etc., respondent, v Omar Pickens, appellant. (Ind. No. 7459/04)

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, Kings County, rendered November 17, 2006, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be provided with a copy of the grand jury transcripts.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, are 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 branch of the motion which is to be provided with a copy of the grand jury transcripts is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court