Appellate Division: Second Judicial Department

M74429

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2004-06406 The People, etc., respondent, v Anwar Haque, appellant. (Ind. No. 4136/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 21, 2004, to enlarge the record on appeal to include certain trial exhibits and the transcript of the grand jury proceedings, and for leave to file an appendix to the supplemental pro se brief.

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

ORDERED that the branches of the motion which are for leave to file a supplemental brief and to enlarge the record on appeal to include certain trial exhibits is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, as well as Exhibits 149A, 210, 211, 212A, and 212B, and the Clerk of this court shall deliver those minutes and Exhibits to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript and Exhibits 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 enlarge the record on appeal to include 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an appendix to the supplemental pro se brief is denied.

Upon delivering the minutes and Exhibits to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

LIFSON, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

David Zucker

Schwed & Zucker, Esqs.

125-10 Queens Blvd.

Kew Gardens, New York 11415