| People v Key, Olsen |
| Motion No: 2003-05792 |
| Slip Opinion No: 2008 NYSlipOp 71495(U) |
| Decided on May 8, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M70128
E/sl
PETER B. SKELOS, J.P.
DAVID S. RITTER
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2003-05792 The People, etc., respondent, v Olsen Key, appellant. (Ind. No. 1755/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to be provided with the transcripts of the proceedings which occurred on February 24, 2003, and the grand jury proceedings and with a copy of the probation report to aid in the preparation of his supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered May 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to be provided with the transcript of the proceedings which occurred on February 24, 2003, is granted; and it is further,
ORDERED that the decision and order on motion of this court dated September 12, 2003, 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 February 24, 2003, 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,
ORDERED that the branches of the motion which are to be provided with the transcript of the grand jury proceedings and with a copy of the probation report are denied.
SKELOS, J.P., RITTER, FLORIO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court