Appellate Division: Second Judicial Department

M73161

E/sl

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2005-11686, 2006-00499 The People, etc., respondent, v Ricardo Linton, appellant. (Ind. No. 16411/97, 11023/98)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to be provided with the minutes of the arraignment proceedings to aid in the preparation of a supplemental brief on appeals from two judgments of the Supreme Court, Kings County, both rendered November 17, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition 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 March 30, 2006, as amended April 14, 2006, 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 arraignment proceedings, 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.

FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court